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Written by admin on December 17, 2014 Are there differences if a Will is done by a lawyer or a notary public?There is no difference in legal effect between a Will done by a BC Lawyer or a Notary Public.Notaries are restricted by Section 18(b) of the Notaries Act that prohibits Notaries from drafting Wills with trust conditions where the trust is held past the age of majority (19) of the y…

Written by Joanne on January 6, 2015 If I become incapacitated and am in need of medical decision making, are not my children the default decision makers? Assuming I have enduring power of attorney for financial affairs.  Yes, if you are determined incapable of giving or refusing consent to medical decisions and you have not made any legal arrangements for such an event, a health care pro…

Written by Joanne on January 12, 2015 Is there a financial cost associated with being a representative? A representative is not responsible to pay the adult’s bills or debts out of their own funds.Representatives are entitled to be paid back for reasonable out-of-pocket expenses they may encounter when carrying out their duties. For example, if they have to pay for photocopying or parking…

Written by admin on January 16, 2015 I have a townhouse and was thinking of putting my 3 kids on the title to avoid taxes upon my death. Is this a good idea? Why or why not? Unless you are terminally ill and expect to die within a year, this is not generally a good idea if the only reason is to “save tax”.CONSThe only tax saving is with respect to the probate fee of 1.4% of the value of…

Written by admin on February 2, 2015 I’d appreciate if the issue of digital assets could be explained more fully. Thanks!When you are thinking about personal planning, it is important to consider both access to and ownership of “digital” services and assets.  This may include accounts to on-line services such as banking and utilities (Hydro, gas) as well as Internet and cell phone accounts…

Written by admin on February 16, 2015 What cost for assistance from Public Trustee and Nidus —woman on low income—no other options or relatives/friends available or desirable. I have a will and insurance (life) paid up.The Public Guardian and TrusteeThe Public Guardian and Trustee charges fees for its various services. The fees are established by regulation made by the government of Briti…

Written by Joanne on February 19, 2015Can the RA still be made if the person is ill? However, mentally-wise, they are perfectly aware of their own intentions.Yes, a Representation Agreement can be made if a person is ill. Sometimes people are in hospital. If the person understands their situation and the effect of making an Agreement they will make a Representation Agreement Section 9 (RA9) f…

Written by admin on February 26, 2015 What is the definition of committee? Is this one person or group of persons (like a committee – 4 to 10 persons)?The definition of “committee” is as follows: A committee is a person appointed by the Court under the authority of the Patients Property Act to act as a substitute decision maker for an adult who has been found by the Court to be mentally inc…

Written by Joanne on March 2, 2015Q. Are health providers required by law to access or attempt to access the Nidus Registered information? This is critical for seniors who have no children or children are far away.No the law does not require health care providers to access or try to access the Nidus Registry.Nidus and other community groups recommended to government, during a previous legisl…