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Fie!

HELP'S AT Hand, a weekly
feature by the North Shore Infor-
mation and Volunteer Centre, an-
swers questions about and
discusses such topics as govern-
ment policies and programs,
benefits, consumer and legal
rights, taxation and public ser-
vices.

Answers published ia this col-
umn are intended only as a general
guide and should not be applied to
specific individual cases without
further consultation.

tee

The very phrase ‘‘power of at-
torney’’ is worrisome to some
seniors, counsellors at the North
Shore Information and Volunteer
Centre find, but the procedure is
neither frightening or complicated
nor is it forever.

It is a procedure that seniors
who are sick or who travel a lot
might use, either temporarily or
permanently.

A power of attorney is the pro-
cedure that gives another person
authority to act for you legally ei-
ther in all matters, if it is because
of mental or physical in-
competence, or in real estate mat-
ters if you are away from

homebase.

_ For the mentally or physically
incapacitated, it might mean doing
banking, cashing cheques or
managing financial affairs.

It is, of course, essentia! to have
a power of attorney executed when
the principal's mental faculties or
physical abilities are not impaired.
For instance, this is often done as
a precautionary measure when
someone gocs to hospital for
surgical procedures of a serious
nature.

But often, because of human
nature, these protective steps are
not taken in good time.

The person wishing to execute a
power of attorney should choose
someone he trusts, a close friend,
family member or lawyer. It is best
to get a notary public or lawyer to
assist you in drawing up the
document.

When this is done, the principal
must be competently aware of
what is being done. It used to be
that once a person became mental-
ly incompetent the previous power
of attorney would become void.
But now, most powers of attorney
have an ‘‘enduring clause’’ and
“endure’’ or survive mental in-

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33 - Sunday, October 22, 1989 - North Shore News

LIFESTYLES

ip’s at hand

competence.

There is another arca known as
‘committee’ whereby the court
may appoint a person or institu-
tion to be responsible for the in-
competent person’s needs. This is
done after the court finds that the
principal can no longer handle af-
fairs and the ‘committee’ is given
that responsibility.

In the event there is no one suit-
able to manage an incompetent in-
dividual’s affairs, the Public
Trustee at 265-800 Hornby St.,
Vancouver, V6Z 2E5, phone 660-
4444, can supply more information

ASAT. EVENING OCT. 28

on this, or investigate possible
abuses and give advice.

The Power of Attorney Act
provides for an enduring power of
attorney, which means it continues
notwithstanding any mental infir-
mity of the person, but in most
cases, seniors should keep in mind
that the usual document is
revokable. The means of doing this
is a simple paper starting out.
“know ail men by these present
that I (name) of the (address)
hereby revoke the power of at-
torney given to (name) and dated
(date) and which power of attorney
empowers (name) to act as my ap-
pointee for (purpose)’’ and it is
signed, dated and witnessed. Quite
simple.

Authorities advise that a power

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of attorney should be considered
by seniors in the same way that a
will is considered: an essential
documen for them to have made
out in good time, when they are
physically and mentally well.

There is help available for per-
sons who are without funds
through various community legal
assistance groups.

ane

The North Shore Information
and Volunteer Centre, a United
Way agency, is located at 1060
Roosevelt Cres., North Vancouver,
B.C. V7P 1M3, telephone 985-
7138. This column is prepared with
financial assistance from the
Notary Foundation.

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