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.

Estate Planning

What is estate planning?
Estate planning is making a plan in advance to distribute your assets to your loved ones and naming whom you want to receive the things you own after you die. However, good estate planning is much more than that. Many people think that estate planning is only for those who have lots of money and assets.

What is an Estate?
Your estate is comprised of everything you own— your car, home, other real estate, chequing and savings accounts, investments, life insurance, furniture and personal possessions.

What is the right time for estate planning?
Individuals put off estate planning because they think they don’t own enough, they’re not old enough, they’re busy, think they have plenty of time, they’re confused and don’t know who can help them, or they just don’t want to think about it. Then, when something happens to them, their families have to pick up the pieces.

What happens if you don’t have an estate plan?
If your name is on the title of your assets and you can’t conduct business due to mental or physical incapacity, only a court appointee can sign for you. The court, not your family, will control how your assets are used to care for you through a guardianship. It can become expensive and time consuming, it is open to the public, and it can be difficult to end even if you recover.

If you die without a proper estate plan, your assets will be distributed according to the laws of the province. If you are married and have children, your spouse and children will each receive a share. This mean your spouse could receive only a fraction of your estate, which may not be enough to live on. If you have minor children, the court will control their inheritance. If both parents die (i.e., in a car accident), the court will appoint a guardian without knowing whom you would have chosen.

Steps to plan your estate:
Many people think making a will is the only part of estate planning, but there are also some other steps that you need to take. To plan your estate you need to organize everything step by step so that it will be easier for your dependents to know what is going to happen after you pass away. You should appoint someone to act for you if are going to a nursing home and if you are disabled. All estate plans should include three important instruments: a power of attorney, a representation agreement, and a will.

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.

Power of attorney:
A Power of attorney is a way to appoint an “attorney” to take care of your financial estate in your absence. With the power of attorney if something happened to you, the person you appointed as attorney will step and take over the situation. Without a durable power of attorney, no one can represent you unless a court appoints a guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer.

Will:
A will is a document which comes into effect after a person’s death. It is revocable and subjected to amendment any time during your lifetime. It gives all the information about a person’s wishes, how the person wants his/her estate to be managed and distributed after his/her death. Sometimes it also called a “last will” or “testament”.

Valid Will:
A valid will cannot exist unless three essential elements are present. First, there must be a competent will maker. Second, the document purporting to be a will must meet the execution requirements of statutes, designed to ensure that the document is not a fraud but is the honest expression of the will maker’s intention. Third, it must be clear that the testator intended the document to have the legal effect of a will. In BC the will must also be witnessed by 2 individuals.

For more information and advice on estate planning and to get everything organized for will preparation please contact Harinder Dail Notary public.

Power of attorney for India:

A Power of attorney is a document which helps you to appoint another person called an “attorney”, to deal with your legal and financial decisions for you in other respective countries or here in Canada.

If you are making a power of attorney, you need to fulfil some of the requirements which are very important.
With respect to India according to the new rules which came into effect 2 years ago, the Punjab police have started the process of bringing changes in rules governing the sale of properties of NRIs. If all goes well, no one, even persons having the power of attorney (POA), will be able to sell the properties of NRIs without the involvement of the latter, for that reason, All notarized documents need to be authenticated by one of the Provincial Authorities concerned for authenticity of the notary public before attestation by the Consulate. Power of Attorney (POA) or other civil documents are required to be submitted to the Consulate in original along with their photo copies.

To make a power of attorney the applicant is required to affix his/her photograph at the end of the subject matter on the document, with signature. The power of attorney/document should be signed by two witnesses with their names and complete address. The witness is not required to affix his/her photo but a copy of his/her valid photo identity, preferably passport with visa status, is required.

To learn more and to get helpful advice please contact Harinder Dail Notary public.

WE ARE MOVING!

Our office will be closed until March 2014 as we will be moving to our new office located #104-7110 120st Surrey, BC, V3W 3M8. We will continue providing our services. Please give us a call to book appointments. You can contact us through phone: 604-503-3853 or through email: hdailnotary@shaw.ca. Thank you for your patience during our move

Getting Married Overseas

When you are planning to get married in a foreign country, it is required that you submit certain documents to be authenticated. The following documents are the most common documents that you need to submit:
-Criminal record checks (police clearance) or fingerprint certificates
-Documents originating in a foreign country
-Documents originating in Canada in a foreign language
-Translated documents
-Certificates of birth, marriage or death
-Education documents
The documents listed above are to be notarized before you go ahead and send them off to be authenticated. For more questions or to book an appointment please give us a call at 604-503-3853

Lost/Stolen Passport?

Has your passport been lost, stolen or damaged? If so you can call our office to complete a declaration to obtain a replacement passport. It is important to note that once you have reported a passport lost or stolen it can no longer be used to travel and is no longer valid. To take the proper steps towards obtaining a replacement passport, call our office to book an appointment, 604-503-3853.

Travelling Tips

It’s a New Year and it is likely that you will be travelling this year! We have put together some tips to ensure that you travel safely and without worry!
1) It is important that you have a Will! If you already have a will you should definitely review it and see if it needs to be updated. You can also have our Notary review it.
2) It is important to create a power of attorney. If you have important things to deal with at home and you are abroad, appoint someone that you completely trust and they can handle the business for you.
3) If you are travelling with children, it is recommended that they carry a travel letter. If your kids are travelling with relatives, they must be ready to present proper documentation, such as passports, birth certificates, and travel consent from both parents.
4) We highly recommend that you travel with all your important documents photocopied and notarized. It is much safer to travel with photocopies of your passport, visas travel insurance, and driving license. We recommend that you don’t carry your passport around and keep it in a safe place at your destination.

Our office can help prepare all of the required documents so you can sit back and enjoy your trip without all the hassle. To book an appointment please call our office at 604-503-3853. We look forward to serving you and making your trip more enjoyable.

Please note our holiday office hours:

December 23: 10-2:00pm
December 24-27 CLOSED
December 30 10-5:30pm
December 31 10-1:00pm
January 1 CLOSED
January 2 CLOSED
January 3 10-2:00pm
If you have any questions or would like to book an appointment, feel free to give us a call or email us, and we will get back to you as soon as we can.

We hope you enjoy the holidays with your family and friends. Thank you all for your business and support in 2013, we look forward to serving you in 2014! Happy holidays and best wishes for a wonderful new year!