Power of attorneys are usually appointed in the event that the donor will no longer be able to manage their affairs in the future for reasons such as health related issues, travel, and overall not being in sound mind to manage one’s own affairs.
“Powers of Attorney always have to wear the fiduciary hat” says Colin “and always, always be over-prepared”
The primary responsibility and priority of the power of attorney Is to maintain the personal care and security of the donor. This usually comes in the form of financial care, which includes responsibilities such as paying bills, looking after properties, keeping record of invoices and transactions, and keeping a record of all the donors assets and liabilities. It could also come in the form of maintaining personal health care if the donor is not able to do so, which entails responsibilities such as keeping up with appointments, and providing the donor with all the necessary materials and resources for the maintenance of good health.
Colin also recommends that in order to be a responsible power of attorney, one should consider in good contact with all the lives that intersect with that of the donor. This will help the attorney get an idea of the needs and requirements of the donor, and will make the job of the POA easier.
Catch FH&P Lawyers Nancy Ling and Colin Flannigan on AM 1150 every other Tuesday morning at 9:30 am on Tuesday morning law talk with Phil Johnson! Keep your eyes peeled on our blog for more on Powers of Attorney and Estate Planning information!
Moral Obligations When Writing your Will - Contemporary Standards of B.C.
In most cases, a will-maker has testamentary autonomy, the complete freedom to dispose of one’s estate as they see fit. However, certain situations necessitate the involvement of the court to override the wishes of the will-maker. When drafting your will, what moral obligations do you keep in mind? Do strained social and familial ties serve as enough of a reason to cut certain people out of your will? If the reasons are seemingly discriminatory, (such as based on gender, race, sexuality, social class, or otherwise) does the court have the discretion to decide on your behalf? To understand the extent of your autonomy in your will, it is highly beneficial to understand the bounds of contemporary community standards in BC court.
Estate Grants - Administration
An estate grant of Administration is a grant by the Supreme Court appointing an individual to act as the administrator of the estate. This grant is typically necessary if the deceased dies without a will (intestate). A Grant of Administration gives an administrator the official right and recognition to act on behalf of the estate.
How do I determine who will be my child's guardian?
There are often challenges when someone dies without a Will, but it can be particularly problematic if the person who has died is a parent and guardian of a minor child.