27 Sep Make a Will Week 2024: Plan Ahead with Sitka Law Group

October 6-12, 2024, marks “Make a Will Week” in British Columbia, a dedicated time to encourage people to write or update their wills. At Sitka Law Group, recently voted Victoria’s best law firm by Best of the City and the Times Colonist Readers’ Choice and the Best Lawyers and Estate Lawyers by Community Votes Victoria, we’re here to guide you through this important process, including incapacity planning (i.e. Powers of Attorney (POA) and Representation Agreements (RA)).

We’re often surprised by the number of clients who don’t have a will or any incapacity planning documents in place. Many avoid these steps due to perceived costs, the belief that only the wealthy need wills, or a fear of discussing death or incapacity. However, the consequences of not having these documents can be significant.

Why Do You Need a Will?

A will outlines who will administer your estate, who will receive your assets, and who will care for your minor children, if you have any. If you pass away without a will (intestate), British Columbia’s Wills, Estates, and Succession Act (WESA) will govern how your assets are distributed. This leaves you with no control over who will administer your estate, who will receive your assets or who will be the guardian of your minor children, if you have any (unless you have other documentation in place which provides for who the guardian will be). In addition, if any of your assets require probate (assets valued at more than $25,000 usually require probate), an interested person must make a court application for a Grant of Administration before they are able to deal with your assets.

The Importance of Incapacity Planning: POA and RA

A POA is a legal document that allows you to appoint another person to act on your behalf to make decisions with respect to your financial and legal affairs. An attorney may pay your bills, sell your property, invest your assets and do just about anything you could do when it comes to your legal and financial affairs if you had capacity, subject to the terms of the POA document. A POA can apply to all of your financial affairs or if may be limited to a specific purpose (i.e. selling your property when you are out of town at the time of closing).

A RA is a legal document that allows you to appoint another person to make decisions regarding your health care in the event that you are incapable of making such decisions on your own. For instance, your representative may give or refuse consent to health care for you or decide where you will live and with whom, including whether you should be moved to a care facility.

Why You Shouldn’t Delay Incapacity Planning

Many people think they don’t need a POA or RA because they’re young or healthy. However, an unexpected accident or illness can leave you incapacitated. Without these documents, a loved one would need to go through a lengthy and expensive committeeship application under the Patients Property Act to be appointed to make decisions for you. Still need more info, check out our top 5 reasons why you should write you will. 

Get Started Today

Take advantage of “Make a Will Week” to create or update your will and incapacity planning documents. Our team at Sitka Law Group is here to help. Contact us today for a free initial consultation and ensure your future is secure.

We’re conveniently located on Shelbourne Street, near the intersection of Victoria, Oak Bay, and Saanich.

This article is current as of September 27, 2024, and it is intended for general information purposes only. It is not intended to provide legal advice and should not be considered legal advice. Readers with concerns about how this affects particular situations or transactions should obtain the independent review and advice of legal counsel.