Tag Archive for witness

Questions frequently asked by Clients.

People always call our office and ask these frequent questions which I am going to answer in todays’ blog.

What is a Notary Public?

In British Columbia, a notary public is more like a British notary. Notaries are appointed for life by the Supreme Court of British Columbia and as a self-regulating profession; the Society of Notaries Public of British Columbia is the regulatory body overseeing and setting standards to maintain public confidence.

What does a Notary Public do?

A Notary Public is a Public officer, who is authorized to administer oath, and authenticate the signature on a document, certify documents, and attest the validity of the signatures. A Notary Public will make sure that you fully understand what you are getting done.

What do I need to bring in when coming to get any type of service?

You need to bring two pieces of ID, including one photo ID such as Canadian Passport, Drivers Licence, BC ID, and the other ID you can bring is a Service Card, Credit card or Social Insurance card.

 What is Certified True Copy?

A Certified True Copy is a photocopy of the original document that we examine and compare to the original. We then examine and certify that the photocopy is unaltered and is a true copy of the original.

What is the Notarization of a document?

Notarization means the document has been authenticated. A Notary Public is authorized to administer oaths, certify documents and attest to the validity and authentication of a signature. Your signature on the document means that you signed it willingly.

Why should I sign in front of a notary, if I need to get my Signature Witnessed?

People often come to the office with their documents filled in and signed, which is not acceptable. It is a notary’s responsibility to make sure that you fully understand what you are signing. A notary can never sign without reading and understanding the documents. A notary cannot notarize your documents until you sign in front of a notary. Make sure you sign your entire document in front of the notary in the future.

Why can’t the notary publics witness my separation agreement?

It is against the Notaries Act to practice with regard to the Family Relations Act.  A separation agreement is an extremely important document.  All parties should seek independent Legal Advice and sign in the presence of a Family Law lawyer, therefore we cannot witness any signature related to family law.

A Notary cannot sign a document prepared in a foreign language? 

A notary cannot notarize any document in any foreign Language without the translation.

For more information contact us at 604-503-3853, or leave a comment or email us with your question and we will be happy to serve you.

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.