Personal planning, which is sometimes called 'Estate Planning', 'Incapacity Planning', or having an 'Advance Care Plan', is all about making the proper legal arrangements should you need help taking care of yourself or your affairs if you get sick, injured or disabled, and finally, in the event of your death. Personal planning, if done properly, can be very thorough, and can cover all aspects of your life - including health care, personal care, and your financial and legal affairs.
This article will explain these five main areas of personal planning in more detail, and how Brosgall Legal | Notary Services can assist. If you have any questions, or want to book an appointment, please send us an email or call us at 604-685-ADAM [2326]. You may also visit our VancouverNotary.biz home page for further information.
KEY PERSONAL PLANNING DOCUMENTS
Practically speaking, personal planning means the preparation and swearing of important financial, legal and healthcare documents that help manage and protect your interests moving forward. These documents ensure that people 'have their affairs in order', before it is too late. The most common documents Brosgall Legal assists clients with, and which we'll explain below, include:
- Powers of Attorney
- Temporary Substitute Decision Maker (TSDM)
- Representation Agreements
- Advance Health Care Directives
- Wills
POWERS OF ATTORNEY
A Power of Attorney is a legal document that allows you to choose who will look after your legal and financial affairs, in case you are no longer able to do so yourself. You are known as the 'Adult', and you appoint an 'Attorney' (in this case, Attorney does not mean a lawyer) to manage real estate, financial, and legal affairs on your behalf. A Power of Attorney is particularly useful if you become incapacitated due to physical or mental health problems, Alzheimers or dementia, or in the event that you are out of town or unavailable.
When you give someone power of attorney, you give them the legal power to make decisions on your behalf, and to take care of your financial and legal affairs. This might include paying bills, doing your day to day banking, selling your house, or making investments on your behalf. A power of attorney does not give the attorney authority to make decisions about your health care. It covers financial and legal matters only. There are two different types of power of attorney; Specific (which is more limited), and Enduring (which can be used despite future incapacity).
TEMPORARY SUBSTITUTE DECISION MAKER (TSDM)
A temporary substitue decision maker (TSDM) is chosen if you have not legally named an individual (Representative) to make health care decisions for you when you are incapable of making them for yourself.
Your TSDM is chosen by your doctor from a list you fill out. While you provide the names, the order of the qualified people is set by law. Your TSDM makes it easier and faster for your doctor to find and select your TSDM. A TSDM must be 19 years or older, be capable, cannot be in a dispute with you, and must have been in contact with you in the past year. A TSDM must make decisions that reflect your beliefs, values, and wishes. Accordingly, you should write down your wishes, or speak to your TSDM - so they are aware of your wishes.
The legal order is as follows:
- Spouse
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Other relations (blood or adoption)
- Close friend
- Relations by marriage (in-laws, step-parents, step-children, etc.)
The only way to vary the order of this TSDM list is to appoint a Representative in a Representation Agreement. A TSDM may only make health care decisions on your behalf, so if you want someone to make personal care decisions (residence, diet, grooming, support, etc.), then once again, a Representation Agreement is the answer.
REPRESENTATION AGREEMENTS
A Representation Agreement is a planning document that enables you to appoint a Representative to take care of your personal health care decisions if you are unable to do so. Unlike a Power of Attorney which covers your financial and legal affairs, a Representation Agreement covers health and personal care issues. There are two versions:
- Standard (Section 7) Agreements; which cover routine decisions, and can be prepared for less than fully capable Adults.
- Enhanced (Section 9) Agreements; which provide broader powers, and allows you to specify who has the right to make both minor and major health care decisions on your behalf.
ADVANCE DIRECTIVES
An Advance Directive is a document that lets you give directions to health care providers and family about what health care you want, or do not want, at the end of your life. An Advance Directive is a vital component of estate planning, and comes into play if you are unable to communicate or make end of life decisions for yourself. An Advance Directive lets people choose different levels of treatment according to their values and beliefs. It is a message from you to your doctor, and it excuses your loved ones who would otherwise face the prospect of making decisions on your behalf. Essentially, an Advance Directive lets you lay out your wishes, and allows you to provide or withhold consent for certain procedures.
WILLS
A Will is a legally enforceable document that permits you to leave instructions about what you want done with your property and money after you die. Dying without a Will (intestate) results in a great degree of uncertainty and trouble for the loved ones you leave behind. On the other hand, a properly drafted and signed Will lets everyone know exactly what you want in regards to the distribution of your assets, personal items, and the guardianship of minor children. In addition, your Will appoints an executor to be responsible for carrying out your final wishes. Most of our clients only need a simple Will. These are fairly inexpensive, and easily completed.
PERSONAL PLANNING SUMMARIZED
These various personal and estate planning tools enables you to decide who receives what and who will take care of your estate, dependants, affairs, health care matters, and personal care matters. Some of our clients only get us to prepare and witness one or two of these documents for specific reasons. Others have us take care of everything, so that they are certain their 'affairs are in order'. Brosgall Legal ~ Notary Services would be pleased to assist you with all your personal planning documentation needs.
MOBILE POWER OF ATTORNEY SERVICE
Perhaps you have health and mobility issues, or special needs that make it difficult or impossible to visit our notary office. Brosgall Legal offers mobile notary services in and around Vancouver, BC, and we would be pleased to assist. With this service, we come to you. All the Personal Planning documents are pre-prepared and we will take care of swearing and signing at your location. Everything is trouble-free and efficient.
BOOK AN APPOINTMENT TODAY
You pick the time and place... meetings can take place at your home, office, hotel, nursing home, hospital (St. Paul's or VGH), or even a local coffee shop, etc. We'll visit your location fully prepared, and equipped with our notarial seal and all required stamps. With Brosgall Legal's mobile notary service, everything is done at your location, and at your convenience.
VANCOUVER NOTARY PUBLIC, COMMISSIONER OF OATHS, AND LAWYER
Brosgall Legal's owner and principal, Adam Brosgall, is an experienced Vancouver Notary Public, Commissioner of Oaths, and Lawyer. He is fully qualified, licenced, and insured to do all forms of personal and estate planning documentation. If you have any questions, please feel free to send us an email, or call 604-685-ADAM [2326] to book an appointment. Same day service and walk-ins are welcome. Please see our Vancouver Notary home page for our other services, and we look forward to seeing you.