Power of Attorney Administration

Power of Attorney Administration

The selection of an appropriate Power of Attorney (PoA) may be the most important part of your estate planning. Your Will sets out your wishes after you die, but you have to get through life first. One of the questions we face as we age is, “Who will look after me when I need help?” This is why having an appropriate PoA in place is so important.

How does Power of Attorney work?

Delta Law Office will step in as your PoA when one of the following happens:

  • You or a family member reach out to us needing our help.
  • A doctor considers you to no longer have capacity to manage your affairs

When should I make a PoA?

Now, because when you need it, it is too late

Why Appoint Delta Law Office?

  • -If you have no relatives nearby
  • -If your family is untrustworthy
  • -If you would like secure, trustworthy, experienced help

What do we do

  • -Maintain & budget bank and investment accounts;
  • -Pay bills & file taxes;
  • -Arrange medical appointments and home care support;
  • -Assist with legal matters such as the sale of your property;
  • -Help in downsizing & clearing out residence;
  • -Assisting in subsidies for residential care & assisted living;
  • -Rehoming of pets; and much more as needed

What does it cost?

The cost of PoA depends on your situation. The average cost is around $500 per month, but that can vary considerably. There is typically an initial cost to get everything set up and then just monthly costs as they come up and as needed.

Who does the work?

Most of PoA work is handled by our Paralegal Kayla Findlay. This is more cost effective for our clients then a Lawyer’s time. The Lawyer only gets involved when executive decisions are to be made and or when our clients request a meeting with our Lawyer.

You may have a family member or friend who seems willing and able to do the job, remember that most people will agree to act as your PoA out of friendship and loyalty to you, without always knowing what the job will involve. You could require PoA assistance for many years, and the job could become overwhelming especially if the person you nominate is aging themselves, has other care responsibilities, or does not live in your community.

Delta Law Office is a professional law firm responsible to the Law Society of B.C. for the highest ethical standards. We are also fully insured against loss. We are a safe and secure choice for making sure that your money is kept for you and your estate.

Delta Law Office is part of the community

From our years of experience in the community, Delta Law Office knows who to call for help, from the care managers at assisted living facilities to movers, cleaners, home health support, downsizing experts, realtors, and all of the other trades and services that you might need.

Helping seniors feel safe, secure & comfortable

Our Dedicated Team

Our Team works together closely to provide you with assistance on any questions you may have throughout the process. There is always someone available to assist you with your case.

Murray Lott

Senior Lawyer

Kayla Findlay

Paralegal

Testimonials

Murray Lott, his assistant Kayla and others at Delta Law Office go a long way to giving me a peace of mind in dealing with my loved ones’ affairs. They are very approachable and Murray makes himself readily available. With much appreciation

Power of Attorney Administration

Esther S.

2019-09-08

I stepped into Delta Law Office for my car accident claim and Murray was so helpful and friendly. I mentioned that I was a stroke survivor and was struggling to live in my townhome alone in Surrey and desperately wanted to be back with my wife, Diana in our community of Ladner. Murray and Kayla helped me and my wife get back together in a care facility in our desired community. They even rehomed our beloved dogs as we could no longer care for them. Currently, we are living in a safe and comfortable care facility with Murray and Kayla managing all our daily finances and affairs. I do not know where we would be today without the help of Murray, Kayla and the staff of Delta Law Office.

Power of Attorney Administration

Jim W.

2019-11-27

Frequently Asked Questions

Choosing Your Power of Attorney Administration

Of all the estate planning decisions you have to make, choosing someone to be your Power of Attorney Administration can be the hardest. If you have adult children living nearby this is an easy choice. But if you don’t have children, or they live far away, or you can’t rely on them, this can be a real problem.

If you become incapable of managing your financial affairs through illness or age, the job of being your “Lawful Attorney” can be a long and arduous one. You will need someone you can trust, and who is in it for the long haul: Some people live for many years after losing capacity. You will need someone to manage your investments, pay your bills, file your taxes, and look after the many little matters that can come up, like arranging new eyeglasses, scheduling a companion, or keeping away predatory relatives. Ideally you will choose someone who is a generation younger than you, who lives locally, and whom you can trust. Nieces and nephews can be a good choice. Another option is to choose older friends or relatives and have them backed up by a professional – a trust company, accountant or law office – if they can’t do it, or need assistance. Delta Law Office provides this service.

My grandpa forgot to pay his bills but the bank won’t let me help him. What can I do?

Adults will often need someone to make decisions on their behalf towards the end of their life. Two documents commonly used to authorize someone to make legal, financial, and medical decisions on an adult’s behalf are a Power of Attorney Administration and Representation Agreement. If an adult in your life hasn’t prepared these documents but suddenly needs someone to assist them with their decision-making, there is a process to fill that vacuum by applying to court to take control of the adult’s affairs. However, the process can be onerous.

First, all of the adult’s next of kin need to be notified of the situation. They may object to your application or otherwise take issue with it, causing problems and delay. Second, two doctors must be involved and they must attest to fact that the adult needs someone to assist them with their decision- making. The adult might resist having their mental capacity evaluated, and doctors may charge a fee for the assessment. Third, court can be unpredictable. A judge might find that you are not the best person to make decisions for your loved one, or they might put restrictions on your decision-making authority in an attempt to protect the adult.

Preparing a Power of Attorney Administration and Representation Agreement will prevent these issues and save your family time, expense, and stress. Most importantly, it helps to ensure that in the event of your possible incapacity, the person making decisions on your behalf is the person that you wish to make those decisions.

Elder Abuse: Guard Against Power of Attorney Administration Fraud

Financial exploitation is a common form of elder abuse, often through misuse of Powers of Attorney (“PoA”). A PoA gives your Appointee the right to do anything you could do except make up a new will: Cash in your bank accounts, or sell or remortgage your house, even while you are in it. Children in need of money can convince themselves “I’m going to get mom’s money when she dies, so it won’t hurt her if I borrow some money while she is still alive.”

An Appointee under a PoA must always act only in your best interests, and must never benefit themself. When choosing your PoA, consider whether the person is in control of their lives and finances; if they can’t manage themselves, they can’t manage you. Don’t stop at appointing your spouse; you are getting older together, and may need someone younger to take over. Try to appoint someone local; the job of PoA can last for many years, and it is that much harder if the Appointee is from out of town. If you don’t have anyone to be your PoA then consider a professional, such as a trust company, a law office – yes, DLO provides this service – or a non- profit such as Solus. If you don’t appoint anyone, the Public Guardian may have to step in. Our office practice is to keep a PoA in our secure bank vault until the time it is needed – which it might never be. We only release it at your request, or on receipt of a doctor’s note stating that “the time has come”. This does not prevent PoA fraud, but it lessens the chance that the PoA will be “borrowed” from your desk drawer while you still have all your wits about you.

My Grandma forgot to pay her bills but the bank won’t let me help her, what can I do?

Adults will often need someone to make decisions on their behalf towards the end of their life. Two documents commonly used to authorize someone to make legal, financial, and medical decisions on an adult’s behalf are a Power of Attorney Administration and Representation Agreement. If an adult in your life hasn’t prepared these documents but suddenly needs someone to assist them with their decision-making, there is a process to fill that vacuum by applying to court to take control of the adult’s affairs. However, the process can be onerous.

First, all of the adult’s next of kin need to be notified of the situation. They may object to your application or otherwise take issue with it, causing problems and delay. Second, two doctors must be involved and they must attest to fact that the adult needs someone to assist them with their decision- making. The adult might resist having their mental capacity evaluated, and doctors may charge a fee for the assessment. Third, court can be unpredictable. A judge might find that you are not the best person to make decisions for your loved one, or they might put restrictions on your decision-making authority in an attempt to protect the adult.

Preparing a Power of Attorney Administration and Representation Agreement will prevent these issues and save your family time, expense, and stress. Most importantly, it helps to ensure that in the event of your possible incapacity, the person making decisions on your behalf is the person that you wish to make those decisions.

How can I guard myself against Power of Attorney Administration fraud?

Financial exploitation is a common form of elder abuse, often through misuse of Powers of Attorney (“PoA”) resulting in Power of Attorney Administration Fraud. A PoA gives your Appointee the right to do anything you could do except make up a new will: Cash in your bank accounts, or sell or remortgage your house, even while you are in it. Children in need of money can convince themselves “I’m going to get mom’s money when she dies, so it won’t hurt her if I borrow some money while she is still alive.”

An Appointee under a PoA must always act only in your best interests, and must never benefit themself. When choosing your PoA, consider whether the person is in control of their life and finances; if they can’t manage themself, they can’t manage you. Try to appoint someone local; the job of PoA can last many years. If you don’t have anyone to be your PoA then consider a professional, such as a trust company, a law office – yes, DLO provides this service – or a non-profit such as Solus.

Our office practice is to keep a PoA in our secure bank vault until the time it is needed – which it might never be. We only release it at your request, or on receipt of a doctor’s note stating that “the time has come”. This does not prevent PoA fraud, but it lessens the chance that the PoA will be “borrowed” from your desk drawer while you still have all your wits about you.