LIFESTYLES

HELP’S AT HAND

HELP’S AT Hand, a_ weekly
feature by North Shore Com-
munity Services, answers questions
about and discusses such topics as
government policies and pro-
grams, benefits, consumer and
legal rights, taxation and public
services.

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

eee

THIS 1S an increasingly com-
plicated world. Many of us are
concerned about how we would
manage our affairs in the event of
illness or impaired ability. There
are formal and relatively informal
ways to put our affairs in order so
that we can maintain some control
and/or give authority to a trusted
person to act on our behalf.

When you are planning for the
future and looking for someone to
act on your behalf, look for
someone who understands and
tespects your values and wishes. It
is a good idea to choose someone
who lives in the same area, and
consider choosing a person some-
what younger than yourself who
will have the necessary energy to
deal with your affairs if you
become unable to do so yourself.

Some of the terms you will
come across as you consider the
different ways in which you can
put your affairs in order may be
unfamiliar to you and confusing.
Here is an explanation of some of
the more common ones:

Joint or co-ownership: Equal
right to asset: on death, ownership
usually passes to the surviving
partner, not to the estate to ce
divided according to the terms of
the will.

For instance, if an adult child
Owns property jointly with an el-
derly parent, in order to help fi-
nancially or to pay bills, the entire
Property may become the child’s
on the older parent’s death. This
may not be the intention of the
parent or the adult child. Ask
about the consequences of joint
ownership before deciding on this
option.

Power of Attorney: Authority
to manage business affairs, not
health or personal issues. The
power of attorney can be specific,
to do banking or cash cheques,
for instance, or general, to con-
duct all business or financial af-
fairs. .

The person giving the power of
attorney to another must be men-
tally competent. They are not
telinquishing their own decision-
making power and may cancel or
revoke the power of attorney at
any time.

An enduring power of attorney
means that this authority stays in
effect even if the person who gave
it becomes mentally incompetent.
There is currently no need to
report or account, unless ques-
tioned, for how the financial and
business affairs are being manag-
ed.

The power of attorney becomes
effective on the day it is signed.
Currently there is no ‘‘triggering’’
provision for the authority to take
place at a later date (e.g. at the
time of impaired decision making
or physical disability).

Committee (of the state or of
the person): Pronounced com/
mit/tee, with the emphasis on the
final syllable. A person, trust
company or Office of the Public
Trustee appointed by the Supreme
Court, to manage the affairs of an
individual who is no longer
capable. There is a duty to report.
An application for this order must
be accompanied by affidavits
from two physicians.

It is also possible, when plan-
ning for the future, to nominate a

committee. Some people prefer to
use this option, rather than a
power of attorney because it does
not take effect until the individual
becomes incompetent, the person
nominated to manage the affairs
has a duty to report and, unlike
the power of attorney, it is possi-
ble to give someone else the power
to make decisions about personal
care as well as financial or legal
issues.

Public Trustee: Looks after the
affairs of people who can no
longer manage, when there is no
one else to do so. The Office of
the Public Trustee has the power
to investigate misuse of powers of
attorney or committeeship.

They can also offer informa-
tion, and will look after the estate
of people who die intestate.

Certificate of mental infirmity/
incapacity: An individual admitted
to a mental health facility, who is
certified as incapable, becomes a
patient as defined by a law in
B.C. called the Patients Property
Act,

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Sunday, November 25, 1990 - North Shore News - 35

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