According to Statistics Canada, one in every five Canadians between the ages of 45 and 64 is providing care to a much older adult. Taking care of aging parents can sometimes be stressful, especially when that person arrives at a point in their lives when they face difficulty living independently.

So what happens if that person  becomes unable to make life decisions on their own? It may come as a surprise to learn that their spouse, child or even their executor will not automatically have the right to care for them when that time comes.

Consider that a Will has no effect while a person is still alive, and that joint owners of real estate cannot sign for each other. So, instead of the next-of-kin, the government office referred to as the Public Guardian and Trustee is likely to step in and take over that person’s financial affairs. This  means that the loved ones may need to hire a lawyer to request court permission to remove and replace the Public Guardian and Trustee,  according to the Kelowna-based estate lawyer who led an informative workshop I attended on the subject of life Planning.

Things could be made much simpler if we choose instead, to create our own Life Plan, ensuring that someone you trust can be authorized to make decisions for you in the event that you become unable to do so. That person would use your Life Plan documents to prove that they were given the authority to make decisions on your behalf. 

A Life Plan protects you through two basic documents: (1) An Enduring Power of Attorney for making financial decisions and (2) a Living Will/Representation Agreement for the purpose of making health care decisions. 

The Enduring Power of Attorney document permits someone else to manage your finances, and usually becomes effective immediately although most people do not expect it to be used, unless they become incapacitated. Therefore it is important to have special wording written into that document, to make it “endure” if you do indeed become incapacitated. 

As to a Bank Power of Attorney, this is generally only good for assets held with that specific bank – it won’t help you in the case of any of your other assets.

In the case of Living Will and Representation Agreements, these documents relate to health care decisions. The Living Will is used to describe your preferences regarding life support treatment. The Representation Agreement is used to give someone specific authority to make health decisions for you. Under Provincial health ruling, authority can be given to your next-of-kin by default. However, you may wish to specifically designate an individual from amongst your next-of-kin or even someone other than your next-of-kin. This can only be done through  a Representation Agreement. 

Take time to carefully consider the adult whom  you wish to serve as your attorney or representative, and also, it is suggested,  a backup person.   Make certain that  your documents are carefully worded, to avoid  any potential problems. Consider also that while a safety deposit box can serve to protect the documents themselves, it may be difficult to access them, precisely when they are needed, so explore additional options. 

Remember, your Life Plan is powerful so  try to  make certain that the documents are properly secured and cannot be misused.

 Keep in mind that there are  important decisions to be made as part of your personal Life Plan. It is recommended  that you seek the guidance of a trained professional such as a lawyer of your own choosing, before proceeding. You may call The Advocacy Centre for further information at (toll-free) 1-877-352-5777. Services are free and confidential to people who are on a low or fixed income.