Will
Make your wishes clear. Protect the people and causes that matter to you.
A Will is one of the most important documents in your Estate Plan. It allows you to make decisions about what should happen to your estate after your death and who you trust to carry out those wishes. A properly prepared Will can provide your family with clear direction, reduce uncertainty and make the administration of your estate more straightforward.
What Does a Will Do?
Your Will can address many important decisions, including:
- Who will be your Executor, the person responsible for administering your estate
- Who will receive your estate and in what proportions
- Specific gifts of money or personal property
- What happens to the residue of your estate, meaning what remains after debts, expenses and specific gifts have been dealt with
- Who will receive your estate if a beneficiary dies before you
- What happens if all of your intended beneficiaries die before you
- How gifts to children or other beneficiaries should be held and distributed
- Who you would like to act as Guardian of your minor children, where applicable
- Who you would like to manage property held for minor or vulnerable beneficiaries
- Charitable gifts and donations
- Your funeral, burial, cremation or other disposition wishes
- Your wishes regarding your remains, where appropriate
- Other instructions that are important to your particular family and circumstances
Your Will can be tailored to your family, your assets and the people or organizations that are important to you.
Power of Attorney
Plan for your financial affairs before you need someone to step in.
An Enduring Power of Attorney is an important part of your incapacity and estate planning. It allows you to appoint a person you trust, called your Attorney, to make decisions and take action on your behalf in relation to your financial and legal affairs.
An Enduring Power of Attorney is governed by the Power of Attorney Act in British Columbia.
It is designed to continue to operate if you later become incapable of managing your financial affairs. This means that if an accident, illness, dementia, stroke or another circumstance leaves you unable to manage your finances, your Attorney can continue to act on your behalf without requiring your family to seek a court appointment.
What can an Attorney Do?
An Enduring Power of Attorney can give your Attorney broad or specific authority over your financial affairs.
Depending on the authority you provide, your Attorney may be able to:
- Manage your bank and investment accounts
- Pay your bills and other expenses
- Deal with your financial institutions
- Manage your business interests
- Buy, sell or otherwise deal with property
- Deal with your legal and financial affairs
- File and manage your tax matters
- Manage your income and investments
- Enter into agreements on your behalf
- Deal with government agencies and other organizations
- Take other actions that you could legally take through an agent
The authority can be tailored to your circumstances. You do not necessarily have to give your Attorney unlimited authority.
Representation Agreement
(Section 9)
Choose who will speak for you if you are unable to make your own decisions.
A Representation Agreement is an important part of your incapacity and estate planning. It allows you to appoint a person you trust, called your Representative, to assist you with or make certain decisions on your behalf if you are unable to make those decisions yourself.
In British Columbia, Representation Agreements are governed by the Representation Agreement Act and can provide authority for health care, personal care. A Representation Agreement is about your healthcare decisions while you are alive.
Who Will Make Decisions for You?
You may appoint someone you trust to act as your Representative.
Your Representative may be called upon to make decisions if you become unable to make or communicate decisions because of an accident, illness, dementia, stroke, brain injury or another circumstance affecting your ability to make decisions.
Health Care Advance Directive
An Advance Directive allows you to put your health care wishes in writing while you are capable of making your own decisions.
Under the Health Care (Consent) and Care Facility (Admission) Act, a capable Adult can make an Advance Directive that gives or refuses consent to specific health care if, at the time that health care is required, they are no longer capable of making or communicating that decision.
This can be particularly important if you become incapacitated because of an accident, illness, dementia, stroke, or another medical condition.
An Advance Directive is not only about end of life care. You could be incapacitated for a period of weeks, months, or even years without necessarily being at the end of your life. Your Advance Directive can help communicate what health care you would or would not want during that time.
Your Wishes. Your Voice. Your Plan.
The goal of an Advance Directive is to give you greater control over your health care decisions by documenting your wishes while you are capable of making them.
It can also provide your family with greater clarity and reduce the burden of having to guess what you would have wanted if you can no longer communicate those wishes yourself.
We can help you incorporate your health care wishes into a comprehensive incapacity and estate plan that reflects your personal values, circumstances and wishes.
