Power of attorney can protect a British Columbia senior

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The elderly are often prime targets to take advantage of, so they need to have protection from being potential prey to unscrupulous financial abusers. British Columbia’s aging citizens become more vulnerable to financial abuse the older they get. However, there are safeguards these trusting souls can put into place to prevent a financial disaster, one of which is a power of attorney.

Honest communication between family members opens the door for starting a conversation that is sometimes difficult to bring up, but necessary. It’s imperative that elderly family members arrange a power of attorney so someone is in charge of their wills, bank accounts and estates should they become incapacitated. In essence, this will be someone who will have the legal authority to manage their affairs, which could include selling their home and managing their money.

It is likely that the most difficult and the most necessary part of talking about a power of attorney is actually choosing the person who will have that power. Engaging the services of a lawyer who specializes in estate planning and wills can aid the elderly and their families in these types of vital decisions. Your lawyer will keep meticulous records of every financial transaction done on your behalf and present you with those records as you request them.

There are online power of attorney forms in The Schedule to the British Columbia Power of Attorney Act. However, getting a lawyer’s assistance, especially if you have a complicated or unique situation, may be the most prudent course of action. Planning ahead will give you and your family peace of mind for the future.

Source: British Columbia – CBC News, “One in ten older adults has been abused in the last month“, Ash Kelly, June 15, 2017

A trustworthy executor is key for probate administration

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When a parent dies, there are many uncomfortable things an adult child must endure. The loved one may have suffered through a long illness that was difficult to watch, or the funeral may have been particularly emotional. Before the dust even settles, however, the matters of estate and probate administration begin, including some of the fiduciary duties of the designated executor. However, do family members in British Columbia have any say if they don’t trust the estate executor?

The three main responsibilities of an executor include gathering and protecting the assets, liquidating assets to pay off taxes and other bills, and distributing the remaining assets to the beneficiaries. These assignments are not derived from personal choices, but they are usually outlined in the will or other estate planning documents. Executors must follow the instructions of the documents and place the interests of the beneficiaries first.

However, if a beneficiary suspects the executor is making a profit from the estate or is not following the wishes of the deceased, the beneficiary may question the executor for clarification. It will be important to do this in a timely manner before probate is complete. If the executor does not alleviate the beneficiary’s concerns, the beneficiary may seek legal counsel for how best to proceed. It is likely that the executor has a lawyer for advice and assistance.

Executing a will can be a confusing and delicate process, especially when dealing with a complex estate or multiple beneficiaries. Having a British Columbia lawyer to guide one through the issues and answer questions may alleviate some of the confusion and stress. Whether one is a beneficiary waiting through a long probate administration or an executor facing fiduciary duties, the advocacy of a lawyer will prove invaluable.

Source: moneysense.ca, “How can beneficiaries protect themselves against a shady executor?“, Ed Olkovich, Accessed on June 16, 2017

A power of attorney might have saved comatose man’s belongings

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When most people in British Columbia think about estate planning, they probably focus on what will happen to their assets after they pass away. Some especially astute men and women may also recognize the value of granting power of attorney to a trusted loved one in case they lose the ability to make decisions for themselves later in life. However, having a power of attorney can pay dividends at any time and any age should something unexpected happen.

On Dec. 2, 2014, a Manitoba man suffered a life-threatening head injury when a second man attacked him. Doctors performed multiple surgeries on the man, and he was comatose for weeks after. He spent another three months in an ICU, and many more months in rehab. While in a coma, his doctors gave the Public Guardian and Trustee for the province permission to handle the man’s affairs, since no family came forward to assist. The only family member to step up was his stepmother, but because she was not next-of-kin, she could not act on his behalf.

Sometime during March 2015, the man had recovered enough to be told what became of his personal assets. The Public Guardian determined there was insufficient value in his estate to pay for storage of his belongings, so they turned them over to the property management company that owned his apartment. That company donated his belongings to a charity which, in turn, sold all of his personal effects except for a very few items. The Public Guardian offered him less than $3,800 for his loss, though the man estimated the value of his assets at more than $37,000. He is now suing for his loss, legal costs and other expenses.

Understandably, this unfortunate man is extremely frustrated, especially since he knows he could have avoided this whole mess if he had a power of attorney in place. A will is a useful tool for preparing for the inevitable. A power of attorney prepares one for what might happen. Rather than realize too late that one is ill-prepared for the future, it is far better to take the time now to create some peace of mind. A lawyer skilled with British Columbia estate law can help.

Source: CBC News – Manitoba, “‘I lost everything’: Beating victim says government gave away his belongings while he was in coma“, Laura Glowacki, June 7, 2017

Helpful tips for writing wills and other estate planning in BC

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For nearly every task imaginable there is a professional one can hire to get the job done. Although some people prefer a do-it-yourself approach to life, there are some jobs best left to those with proper skills and training. The writing of wills is a great example; it is possible to make one’s own will, but there may be a higher risk of issues arising that could derail one’s plans. Here are a few tips about estate planning in British Columbia, and some of the complex situations that may necessitate using the skills of a legal professional.

In its most simple form, a will is a document that provides instructions for the dispersion of assets after a person passes away. However, not all assets are equally simple, and some may require special attention. For example, it may be tricky to simply leave a business to an heir. Assets held in another province or territory, or in a foreign country may be especially complicated to pass along, and there may be tax and probate implications.

Joint ownership of an asset, such as a piece of real estate, can help a valuable property avoid probate, but comes with its own set of risks. Likewise, trusts are versatile devices for distributing assets, especially liquid assets, to beneficiaries. There is more than one kind of trust to choose from, and it is key to select an appropriate trustee to administer the trust.

Truly effective estate planning can be a time-consuming and complex endeavour, depending on the nature of the estate. All the more reason to take on the challenge as soon as possible, and to consider working with a trusted and experienced British Columbia lawyer. His or her knowledge of wills, trusts and the law can help any man or woman create the estate plan needed to ensure a smooth transfer of assets to the next generation.

Source: The Globe and Mail, “A simple guide to estate planning“, Adrian Mastracci, May 29, 2017

Woman alleges late brother’s caregivers abused power of attorney

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As some people age, they become increasingly reliant on others to look after them. In the absence of close family, some may turn to paid caregivers. There are those who abuse their positions of trust, unfortunately, and prey upon the senior citizens who put their trust in them. A story unfolding in another province may serve as a warning to anyone in British Columbia considering granting power of attorney over his or her affairs.

A 78-year-old man passed away of renal failure in a hospital on May 19, 2013, just one day after arriving by ambulance in poor health. He was suffering from diabetic sores, and staff recalled he looked underweight and uncared for. His caregivers, a husband and wife, described him as a headstrong man who would not heed their pleas to seek medical attention, or take better care of himself.

The deceased man’s sister, however, told a different tale. She claimed the couple denied the family access to him for years, and that they took advantage of their position of trust. Her brother signed over power of attorney to the couple not long before his wife passed away in 2010. His female caregiver had formerly been his late wife’s housekeeper, and later looked after her when she fell ill.

In addition to granting them power of attorney, the late gentleman named his caregivers as his primary beneficiaries in his will. His sister alleges the couple spent an average of $13,000 per month of her brother’s money during his final years, and believes there are suspicious circumstances surrounding the contents of the will. She is contesting the will in court.

Wisely given, a power of attorney is an excellent idea for most men and women. By making a sound decision while one is still possessed of a rational mind, it may be possible to have peace of mind knowing one will be looked after by a trusted loved one should one be unable to do so for oneself. A good and thoughtful British Columbia lawyer can help with both the choice of an attorney, and the drafting of the document.

Source: ottawacitizen.com, “Court challenge over elderly man’s will may be sign of things to come”, Christie Blatchford, May 23, 2017

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