The EPOA will continue until you revoke it or die. Certain events will also cause your EPOA to end. Some of the more common ones are:
An EPOA must be in writing and there are legal requirements to ensure it is properly signed. Legal advice from your lawyer or notary, or a community legal clinic is recommended. The Ministry of Attorney General has published a form that may be used to make an EPOA. It may or may not cover your circumstances or needs. It alerts you to some of the rules that must be followed for an EPOA to be valid. You can find the link at the end of this guide. Some of the rules to be aware of include:
You can name anyone you trust to be your attorney. You may choose your spouse, a family member or a close friend. If the person is not an adult, that person cannot act until he or she turns 19. It is important to know that you cannot name someone who is paid to provide personal care or health care services to you. This includes employees working at a facility where you live that provides these services. There is an exception if the attorney you choose is your spouse, child or parent. You may also name a trust company, or a credit union authorized to provide these services. In determining who would be a good attorney for you, consider their ability to be available as well as their knowledge and skills. Caution: Talk to the attorney before proceeding. The attorney you name is not obliged to accept the role. There may be requirements that need to be included in your EPOA. For example, a trust company or credit union will need to ensure the EPOA provides for compensation.
Being an attorney carries many responsibilities. Not only are there duties to you, but there are expectations and legal requirements. Your attorney will be expected to comply with these rules. That means they need to agree to take on the responsibility, and that they have the skills, abilities and time to do what is expected. This becomes especially important if you are no longer capable and cannot oversee what your attorney is doing.
Duties of an attorney include:
Other rules for an attorney include:
Caution: if you appoint two or more attorneys and one is no longer able to act for any reason, the other attorney can continue to act. This may or may not be what you want. If you want more than one attorney at all times, your EPOA must address this.
Even if you trust someone to comply with the duties and responsibilities, it is always a good idea to discuss your plans with the attorney. If they agree to take on the role should it become necessary, you may want to discuss what is important to you so they know your values and wishes that should guide their decision making if they cannot discuss them with you. You may also want to explain some of the important aspects of your financial affairs and where to locate the information.
The RA will continue until you revoke it or die. Other events that might end it include:
Your RA may be suspended and your representative cannot act if:
You can change or revoke your RA if you are capable. It is your responsibility to ensure that the representative and third parties such as your bank are properly notified of the change or revocation.
Yes, you may want to make more than one RA if you want to keep your instructions and wishes for financial and personal matters separate. Or, you may want to give different people authority to make different decisions. For example, you may want to give authority over your routine financial affairs to someone who is good with financial matters but give someone else authority to make your personal and health care decisions because they are in close contact with you and know your values and wishes.
Caution: Making a new RA for the same area of decision making does not automatically revoke a previous RA. You need to follow the revocation rules.
A monitor is someone who can be appointed in the RA and who has that the power to review the representative to see if the representative is complying with his or her duties. If the monitor has reason to believe that the representative is not complying with the duties and it cannot be resolved, the monitor is expected to inform the PGT.
You can name any adult (someone 19 or older in BC) you trust to be your representative. You may choose your spouse, a family member or a close friend. It is important to know that you cannot name someone who is paid to provide personal care or health care services to you. This includes employees working at a facility in which you live and which provides personal and healthcare services. There is an exception if the representative is your spouse, child or parent. In determining who would be a good representative for you, consider the person’s ability to be available as well as their knowledge and skills.
Caution: Talk to the representative before proceeding. The representative you name is not obliged to accept the role and there may be requirements that need to be included in your RA.
Does the person understand and agree to take on the duties and responsibilities that will be expected of them if a time comes when they must act? These duties include:
You may appoint more than one representative in an RA. Unless they have different areas of authority, your representatives must act together unless your RA says otherwise. Each situation is different. It’s your choice to decide what arrangement is practical to carry out your wishes while minimizing the risks to you.
Caution: If you appoint two or more representatives in an RA and one is no longer able to act for any reason, the remaining representative cannot continue to act unless the RA says otherwise. This may or may not be what you want. If you want one representative to be able to continue, your RA must address this.
There is always a possibility that a representative may no longer be able to act or may want to resign. If there is someone else you trust to take over, you may want to name this person as an alternate to act under your RA. Your RA must describe the circumstances when your alternate can start to act.
If capable, an adult (someone who is 19 or older in BC) may make an RA with standard provisions. The Representation Agreement Act says that in order to decide if someone is incapable of making an RA7, all relevant factors should be considered including whether:
Some examples of “routine” financial management include:
The Representation Agreement Act regulation sets out a more detailed list.
A representative under a Financial RA 7 is not permitted to:
See the general information on how to make an RA. Caution: In addition to the general requirements for making an RA, a Financial RA7 requires the representative and witnesses to sign prescribed certificates.
If you are naming a representative and a monitor, it is important that they understand and are willing to undertake their roles and responsibilities. If you are naming two representatives who must act together, it is also important that they understand that they must act together and that they agree to do so. In either case, you may want to discuss your wishes with your representative and monitor so that if they cannot consult with you, they know what you would want.
Representatives and monitors cannot be paid for acting unless:
A representative under a Financial RA7 cannot make gifts with your personal property.
Donations are permitted to registered charities in the following circumstances:
In a Personal/Health Care RA9, you may give your representative authority over anything the representative considers necessary for your personal care, or you can specify what decisions are covered. Some areas of decision making may include:
Unless the Personal/Health Care RA9 provides for it, a representative may not:
Minor health care includes:
If you give your representative authority to refuse or consent to health care, with no further instructions, your representative can give or refuse consent to health care necessary to preserve life. You may also authorize someone to physically restrain or move you, despite your objections, if necessary to provide you with health care.
Unless you provide for it in your RA9, your representative cannot consent to a number of invasive and controversial treatments and therapies.
Unless the RA says otherwise, the records that must be kept include:
If you are naming a representative and a monitor, it is important that they understand and are willing to undertake their roles and responsibilities. If you are naming two representatives who must act together, it is important that they understand that they must act together and that they agree to do so. In either case, you may want to discuss your wishes so that if they cannot consult with you, they know what you would want.
Personal care as defined in the Representation Agreement Act includes things like:
Health care under a Personal/Health Care RA 7 includes major and minor health care. See definitions above. It cannot include the following:
The reasons why you might want to make an advance directive include:
An adult (someone age 19 or older in BC) who is capable of understanding the nature and consequences of the document can make an advance directive. It can be changed or cancelled as long as you are capable of making the change./toggle]
If there is a need for you to have a committee, someone may apply to the Court to declare that you are incapable and ask to be named as your committee.
The applicant is usually someone from the adult’s family. They need to demonstrate that they are willing and appropriate for the responsibilities involved. Sometimes a trust company or the PGT may be appointed.
A nomination is a legal document in which a capable adult nominates a person or persons to be appointed committee for the adult by the court if required in the future. A nomination is signed and witnessed in the same manner as a will.