Incapacity Planning: The New Law

This book is essential for: all lawyers practicing in the areas of estate planning and elder law; the book may also be of interest to health care professionals, financial trustees, and other estate planning proessionals.

Current to: June 2011
The new legislation comes into force on September 1, 2011— will you be ready?
The provincial government has finally decided to bring into force portions of the Adult Guardianship and Planning Statutes Amendment Act, 2007 (Bill 29) relating to the Power of Attorney Act, the Representation Agreement Act, advance medical directives, health care consents, and other matters. In this publication, you will learn the changes so that you are ready when this comes into force on September 1, 2011. We also take a deeper look at issues of incapacity, including the tests and the new challenges that lawyers and health care professionals face on a daily basis. With this book you'll be prepared for the changes.

CONTENTS

• issues for grantors of Enduring Powers of Attorney (EPAs): what is an enduring power of attorney?, the statutory capacity test, appointing one or more than one attorney, continuing vs. springing powers; new execution requirements, amending or revoking an EPOA, compensation
• AGA amendments: power of attorney, issues for attorneys acting under EPAs; issues for attorneys under enduring powers of attorney (EPOA)
• planning for personal and health care decisions: consent to health care, representation agreements, advance directive
• recognition of extra-jurisdictional EPAs and representation agreements (RAs): recognition of foreign instruments—the legislation, prescribed requirements of recognition, the powers that the attorney or representative can exercise under extra-jurisdictional instruments
• transitional issues for incapacity planning before and after September 1, 2011: enduring power of attorney instruments, representation agreement, advance directive
• amendments to the Health Care (Consent) and Care Facility (Admission) Act: September 1, 2011—new consent options: substitute decision makers, advance directives
• abuse and neglect: amendments to adult protection and response legislation (Adult Guardianship Act Amendments effective September 1, 2011): a brief history of the "AGA", part 3 and part 4; statutory oversight roles of the public guardian and trustee—new provisions, September 2011
• Patients Property Act update: passing of accounts and costs, termination or continuation of powers of attorney and representation agreements
• professional responsibility: the Professional Conduct Handbook, the code of professional conduct for British Columbia (the "BC Code")