Powers of Attorney / Representation Agreements

Powers of Attorney and Representation Agreements ensure that an individual’s wishes regarding their finances and health care decisions are made clear. These are documents that can be of great use during a client’s life time and in cases of incapacity and infirmity.

Clients of any age or financial standing have used powers of attorney to authorize a trusted individual or individuals to make or carry out decisions about the clients financial affairs and other assets. A power of attorney is a very significant document and the implementation and execution of it is not something to be taken lightly.

Powers of attorney can also be drafted to serve the individual if they should become mentally infirm and require the assistance of their appointed family or friend to carry out financial matters.  These powers of attorney are “enduring” and contain a clause that specifically allows the power of attorney to continue to be effective if the donor/client should later become incapable of managing his or her own affairs. Powers of attorney may also be drafted in a manner to allow the appointed individual limited power in relation to an  individual financial transaction.

With the amendments to the Power of Attorney Act R.S.B.C. 1996, c. 370, effective as of September 1, 2011, it is now especially important to meet with our experienced lawyers at AMJ to tailor this document to a client’s specific needs.

A representation agreement gives others authority over health care and personal care provisions.  Representation agreements are excellent tools for clients to express their wishes though a representative for health care decisions. Such decisions may include consenting to or refusing health care to preserve life when the individual is unable to express their wishes themselves.

Our experienced lawyers at AMJ LAW are able to discuss the benefits and pitfalls of such a document, and incorporate different provisions that specifically respond to needs and instructions of our clients.