April 2018 - Garton & Harris

When people ask others to make decisions on their behalves, they are likely to choose people they trust. Selecting someone to have medical power of attorney (POA) in British Columbia gives that individual the authority to make decisions regarding health care for the person granting the power. In addition to health care, some of the decisions covered by a POA can be about nutrition, housing, hygiene, general safety and even clothing.

Those who intend on having a medical POA should be extremely specific on their instructions in the document. For instance, if the person has a life-threatening illness and is in a life or death situation, he or she should stipulate clearly a do not resuscitate order, if that is what is desired. In addition the document should outline what other medical care is or is not wanted if the writer of it is incapacitated and unable to make those decisions.

In British Columbia, a physician can override the POA by way of the British Columbia Health Care (Consent) and Care Facility (Admission) Act. A physician can decide to administer life-saving measures or to prevent mental or physical harm if the person appointed by way of a POA is not complying with his or her duties. A physician or other health care practitioner also can’t be asked to do something illegal or ask to refrain from doing something if it is contrary to applicable law.

Understanding a medical power of attorney can be complicated. Getting the advice of a British Columbia lawyer to fashion such a document may mean the difference between it being legal or not. A lawyer’s stamp of approval may hold more water in a court of law if such a document is ever challenged.

Source: findlaw.ca, “If I give someone a medical power of attorney what decisions can they make on my behalf?“, Miriam Yosowich, Accessed on April 13, 2018

Never is the time more prudent for fashioning an estate plan than when a couple welcomes children into their family. Positive estate administration in British Columbia means have an all-encompassing estate plan even though new parents likely aren’t dwelling on the future immediately after having children. It may be a wise decision, however, to have documents in place should the unforeseen happen — especially when it comes to the guardianship of minor children.

In fact, that is probably the first question that could be answered within the body of an estate plan — who will be the guardian(s) of minor children should the parents pass away? After narrowing the field down and asking the person(s) chosen, writing this important information down properly will likely ease the minds of young parents that their child will be taken care of by someone they respect and trust. Care must be taken to explain the role to the person who has been chosen.

Experts says it is never too early to educate children on handling money and other finances. So, as a child grows parents may wish to teach their children how they might be able to handle an inheritance left to them. An estate plan could also stipulate how children would inherit any assets. Would a trust fund be set up? How old should they be when they can access those assets?

A lawyer in British Columbia can answer all these estate planning questions. The more encompassing an estate plan is, the less stressful it will be when it comes to estate administration. A lawyer may be able to provide a helping hand when it comes to offering guidance as to what would be best to include in estate planning documents.

Source: huffingtonpost.ca, “3 Estate Planning Tips For New Parents“, Andrea Love, Accessed on March 30, 2018

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