Category Archives: Wills and Estates

September Changes to Estates Practice: Enduring Powers of Attorney and Representation Agreements

The revised structure of the law is this:

To grant full health care authority, but only health care authority, a s.9 representation agreement will be the appropriate document, and it will be much simpler than the previous version.

To grant full financial affairs authority that will continue notwithstanding a loss of capacity by the donor, a new enduring power of attorney, complete with the new protections and responsibilities, will be the appropriate document.

These two documents separate health care and financial matters in a manner that makes practical sense: the s.9 representation agreement will be read by a health care practitioner; the enduring power of attorney will be read by a financial worker. Continue reading

Posted in Estate Planning and Trusts, Wills and Estates | Tagged , , , , , | Leave a comment