Many people are interested not only in capacity planning for the event of their deaths, but also for the possibility of mental incapacity during their lifetimes.
In British Columbia, on your 19th birthday, you are considered an adult and you become responsible for your own personal health care and financial decisions. Even your parents or spouse may not be able to assist should you become incapacitated.
There are many reasons to consider having a written plan in place that allows the people you trust to gradually help you. If necessary, they may take control of your finances, health and personal care decisions before you reach the point where the medical evidence would lead to a finding of incapacity.
In our view, every adult Canadian, married or single, should appoint an agent. An Enduring Power of Attorney can deal with financial, real property and legal decisions and a Section 9 Representative Agreement allows the representative to deal with complex personal care and health related matters, including end of life decisions. A Section 7 Representative Agreement allows someone with diminished mental capacity to plan for assistance with day-to-day, legal, financial, personal care, and health care decisions.