Incapacity

Would you like to give your family the ability to help you if you become incapable? 

Do you have questions about who will make health care decisions for you, or manage your assets?

Would you like information about Powers of Attorney or Representation Agreements?

We can help.

Incapacity law is the law regarding making decisions for people who are not able to make decisions for themselves. The law is complex and has undergone significant changes recently. Incapacity law is divided into two distinct areas: decisions about assets (money, real estate, vehicles, pensions, etc.) and health care decisions.

An Enduring Power of Attorney is a legal document you can use to appoint a trusted family member or friend to make decisions for you about your assets if you become incapable in the future. You can only make an Enduring Power of Attorney while you are mentally capable. The word "attorney" means the person you appoint to do things for you. It does not mean a lawyer.

If you don't have an Enduring Power of Attorney and you become mentally incompetent, then your family may need to apply to court to be appointed your Committee. This would be necessary if they want to make a major decision for you regarding your assets such as selling your house. A Committee application is a complex, expensive, time consuming court procedure.  The Public Guardian and Trustee of British Columbia will manage your assets and income if nobody is willing to complete the onerous court procedure.

A Representation Agreement is a legal document you can use to appoint a trusted family member or friend to make health care decisions for you if you become incapable in the future.

An Advance Directive is a legal document you can use to tell your health care team directly what your wishes are regarding certain medical decisions. This document is commonly known as a 'living will' but only became legal in British Columbia on September 1, 2011.

You can only make a Representation Agreement or Advance Directive while you are mentally capable.

If you don't have a Representation Agreement or Advance Directive, your doctor will appoint your next of kin to be your health care decision maker in the event you are not able to make a health care decision for yourself.

You want to avoid having your family apply to the British Columbia Supreme Court for a Committee Order.

Your spouse and family does not automatically have the authority to manage your major assets on your behalf if you lose mental capacity.  For example, your spouse can't sell your jointly owned house or your vehicle.  You can give your spouse the authority to do so with a Power of Attorney.  If you haven't made a Power of Attorney, you family needs to go to court.

Your spouse or family member will ask a judge to declare you incapable and appoint themselves as your Adult Guardian.  This is a complex, expensive, time consuming process.