Archive for January 30, 2015

Notary Public

Notary Public

A Notary Public is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. Notaries are public officers and they can act as a legal advisor in many areas like real-estate law, and business law. A Notary Public also deals with estate planning or making a will.

As we said, Notaries are public officers. As a public officer, a Notary can also Certify and draft documents which are considered “authentic”. If the original of a document is held by a Notary, the chances of it being lost go down considerably.

Notaries can also act as a mediator, which means that a Notary can also act as a neutral third party between two or more parties to resolve their dispute and reach a voluntary settlement.

Responsibilities of a Notary Public towards clients:

A Notary should build a trustworthy relationship with clients. A notary should be honest, frank and objective. A Notary should respect professional secrecy, and must provide the best service and information to their client. Before providing any services to the client a Notary should explain all the ins and outs of the job or service they are getting done (in case they are not able to understand it).

To make my clients happy and to provide the best service I always ensure that my client understand what they are signing, or getting into. For example, if a client wants to buy a house and they do not have the proper information, then it is my responsibility to first provide all the information to the client so that they feel comfortable and they feel free to make decisions without any doubts.
If you need any type of notarial service please call me @ 604-503-3853. I will make sure that you have all the information to make the best decision and it will be my responsibility to take care of your needs and to provide the best service to you.

Advance Care Directive

An advance care directive is a written statement in which you can make your healthcare wishes known. It is used in the event of an illness or any injury which leaves you incapable of communicating your wishes to others. Your directive cannot be used anytime you are able to communicate or you can make your own decisions.

Who can make an Advance Care Directive?
Anyone who is over the age of 16 can make an Advance Care Directive. If someone under the age of 16 wants to have one, they can make it with a special rule. Anyone who can provide clear instructions about their healthcare treatment options should make an Advance Care Directive.

Why should you have an advance care directive?
• It provides instructions to your healthcare professionals, such as a doctor or a nurse, and to your family members, that you want to be followed, when you are in position where you are unable to make decisions.
• With the Advance Care Directive you can also appoint someone to make decisions for you if you are unable to make them on your own.
• It also provides clarity about your healthcare wishes to prevent any kind of conflict about the treatment you will receive.

You can make it any time you feel comfortable discussing your healthcare wishes.
To make an advance care directive you should sign in front of two witnesses and ensure that they also sign the document. Please call Harinder Dail Notary Public @ 604-503-3853 to assist you in drafting this document.

Representation Agreement

The Representation Agreement Act allows you to appoint someone as your legal representative to handle your financial, legal, personal care and health care decisions, if you’re unable to make them on your own. You cannot appoint any person who is paid to provide you with personal or health care or who is an employee of a facility through which you receive personal or health care, unless that person is your child, parent or spouse. The document is called a representation agreement and it creates a contract between you and your representative

Usually, a representation agreement provides that it only takes effect when a person is incapable of making decisions for themselves.

There are two types of representation agreements:

1. Standard Representation Agreements
2. Enhanced Representation Agreements

Standard (Section 7) :
It can be made by an adult, who has less than full legal capacity, but the representative’s authority must be limited to the “routine management” of the adult’s financial affairs and the agreement can only give limited decision-making authority in respect of health care matters.

Areas covered by Standard Section7 are:

• Minor and major health care, which includes medications, tests, surgery, any treatment requiring ageneral anaesthetic, dental care, end-of-life comfort care.
• Personal care, such as, living arrangements, diet, exercise, taking part in activities, personal safety issues.
• Legal affairs, which include obtaining legal services and instructing a lawyer, settling an insurance claim, going to small claims court.
• Routine management of financial affairs, such as banking, government benefits, Revenue Canada, managing investments.

An Enhanced Section 9:

A Representation Agreement with Section 9 broader powers is a legal document available to adults who want to plan for their future in case they need assistance making health care and/or personal care decisions. A section 9 agreement can only be made by an adult who understands “the nature of the authority” given to the representative and “the effect of giving it to the representative”. This agreement allows you to appoint someone to make decisions for you if you are unable to communicate your wishes.

These decisions include:

1.The ability to decide where the adult is to live and with whom, including whether the adult should live in a care facility.
2.The ability to give or refuse consent to health care for the adult, including giving or refusing consent, in the circumstances specified in the agreement, to specified kinds of health care, even though the adult refuses to give consent at the time the health care is provided.
3. The ability to make life support or end of life decisions.
4. The ability to, despite any objection of the adult, physically restrain, move and manage the adult and authorize another person to do these things, if necessary to provide personal care or health care to the adult.

Rules for signing a representation agreement:

Two witnesses are needed when you sign a representation agreement (unless one of the witnesses is a lawyer or notary, in which case you only need the signature of that lawyer or notary as a witness). There are also certain restrictions on who can be a witness.

For more information please contact HARINDER DAIL NOTARY PUBLIC @ 604-503-3853.

Translation:

A notarised translation is a translation which is accompanied by an affidavit of translation, the signature on which has been certified by a notary public.

British Columbia is known as Canada’s most ethnically diverse province. There are people from all areas of the world and the majority of them do not have English as their first language. The top 10 languages spoken in British Columbia in 2011 were English, Chinese, Punjabi, German, Tagalog, French, Korean, Spanish, and Farsi. In our office we provide translation services for Punjabi and Hindi.

Some of the documents being translated are:
 – Birth Certificate
 – Death Certificate
 – Marriage Certificate
 – School Certificate

To get your documents translated please contact Harinder Dail Notary Public at 604-503-3853.