November 2015 - Garton & Harris

Putting an estate plan in place will help your heirs later

November 25, 2015/in Estate Administration & Probate /by gartonandharris

Getting your estate in order needs to be high on your priority list. There are so many details beyond a will that need looking into. Many people come to our law office, Garton & Harris, wondering what to do. They believe that because they have few assets they may not need an estate plan. They also want a say in how those assets are handled by their heirs. Leaving a complete estate plan is such a gift to your children. They need to be grieving your loss, not fighting among themselves over who gets the china and who gets the car.

You can save on estate taxes if you plan wisely. We can guide you through this process because we have so much experience in this area. We will research your assets and your debt and ensure that what you want to happen after you are no longer here will occur. We help you explore the options that are available and do our best to carry them through. In the process, we can help you avoid conflicts later and save you and your heirs time, money and heartache later.

One of the areas that can be sticky is the will that you put in place. If you change your mind at the last minute, you don’t put it in writing and change your will and estate plan to match your wishes, your will can be executed upon your death the way it is laid out in the current will.

You know what you want to see happen; now you can put your words on paper and execute an estate plan that is to your liking. Let us help you do just that.

Put a power of attorney in place for unexpected events

November 16, 2015/in Power of Attorney /by gartonandharris

Have you thought about what would happen to your assets and property — even your bills — if you were incapacitated or unable to make decisions on your own? If you haven’t put a power of attorney in place, this makes for a good first step in estate planning.

A power of attorney is someone you trust completely, who isn’t afraid of making hard decisions on your behalf and who has the time and energy to give. This person would represent you if something happened. It can be as general or as specific as you choose to make it. It can be for a specific financial transaction or can be in place so that all your bills are paid and incoming funds are deposited. If you don’t put a power of attorney in place, your heirs and family would be forced to apply for a court order so that you can be looked after properly. It can be costly and cause so much grief for your family.

At the law firm of Garton & Harris, we have the knowledge and experience to assist you in putting a power of attorney in place. There are issues that you may not have thought about that we can bring to your attention. For example, have you made a list of accounts and passwords so that your power of attorney can have access? You also need to make a list of companies that you pay monthly so that you don’t fall behind.

If you want to learn more about powers of attorney, take a look at our webpages dedicated to the topic.

What is an RA9 and how does it affect your estate plan?

November 12, 2015/in Power of Attorney /by gartonandharris

Getting your estate plan in place is important to those who will be left behind when you pass away or when you are not able to make decisions on your own. Part of this is to put a power of attorney in place and name someone to make decisions on your behalf. A Representation Agreement for Personal Health Care Decisions (Personal/Health Care RA9) can be part of your final wishes.

This document will allow for your power of attorney, whomever you name, to make decisions on your behalf. It is called an RA9 because of the section of law it stems from. You can have a “do not resuscitate” portion in it that says no heroic efforts are to be made to save you should something happen that puts your life in jeopardy.

Your document can be limited to personal care and even major and minor health care decisions. This agreement is referred to as an RA7. It can be confusing so it is important that you have a lawyer help you and guide you to put the right agreement in place — one that gives exactly the amount of decision making power to your power of attorney.

Anyone 19 years of age or older in British Columbia may put these agreements in place. If the person putting this RA7 or RA9 in place is incompetent, they will not be able to enact this agreement.

Some of the areas that your power of attorney will oversee are your diet, your manner of dressing, your living arrangements, such as in a temporary rehabilitation facility or with staff at your home. This person can say what type of participation you will engage in with respect to educational or vocational training. They have access to your personal information.

A few of the decisions that your representative cannot make are that your power of attorney cannot say anything about your children or direct their lives. In other words, this RA9 or RA7 is strictly devoted to you and no one else. He or she also has no say over your religious practices.

Doing your due diligence and researching this subject is something that you really need to think about.

Source: Public Guardian and Trustee of British Columbia, “It’s Your Choice Personal Planning Tools,” accessed Nov. 12, 2015

Putting an estate plan in place starts with a will

November 2, 2015/in Estate Administration & Probate /by gartonandharris

An estate plan of any sort will include your will. You may want to give some of your property and assets to your heirs or even a charity that you have grown close to over the years. The Succession Law Reform Act has much to say about estate planning and wills in particular. Your estate will need someone to ensure that your wishes are seen to; this person is your power of attorney. You have the absolute right to give your property to anyone you choose. As long as your estate plan includes a will, you can be sure that your desires will be carried out when you are no longer here.

Have you given any thought to putting an estate plan in place? Beginning with a will, you may want to talk to a professional who has experience in the laws of British Columbia and can guide you through this sometimes confusing and tedious process.

You need to know that your will needs to be in writing. You can tell people what you want to see happen, but if you don’t put it in writing, your estate could end up in probate for a long number of years while the court decides what to do with your property and assets. You have to sign it or have a person sign for you, in your presence, if you cannot do it yourself. If this is the case, you will need two witnesses present as well.

If you are a member of the Canadian Forces and are on active service, you may write a will and sign it without a witness. Of course, when you are back from being in active service, you may want to make it official by talking to your lawyer about what needs to happen.

There is a lot more information in the Act that you may want to explore and research. There is nothing more powerful than knowledge.

Source: Succession Laws Reform Act, “Part I testate succession general,” accessed Nov. 02, 2015

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