Office Operation Updates

Written by Joanne on February 24, 2014Dear Joanne,Why do I have to have the EPA drawn up by a lawyer or notary public if I am using the government EPA form?My husband and I have prepared our own Enduring Powers of Attorney documents (EPA) using the form published by the Attorney General of BC, September 1, 2011.  We need to have the EPA witnessed by a legal professional for Land Title purpo…

Written by Joanne on April 16, 2014A Representation Agreement is a legal document that appoints someone you trust to be your representative if you need help making decisions.A Representation Agreement: Eases the burden on family and friends – those you choose will have the legal authority to help you and carry out your wishes. Avoids the involvement of government and other authorities in…

Written by admin on October 31, 2014 Supposing that there is a couple with no relatives in Canada and the last person gets senile or both, who will come to look after them—is it the Public Trustee? I mean in the case that one of them still lives in their own home, but is not able to make decisions about their welfare alone.If an adult starts to lose mental capacity to manage his or her affa…

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…