Practical Examples and Exercises
RARC and Nidus:
1. Fred, a senior, comes to your office. Fred’s wife, Doreen has been diagnosed with Alzheimer’s Disease.
Doreen owns a savings account from which she occasionally buys her grandchildren gifts. The account is in Doreen’s name only and Fred cannot access it. Doreen is unable to manage her finances anymore and Fred’s income does not allow him to pay for gifts to her grandchildren out of his account. He knows that his wife would be upset, if she knew that her grandchildren would not be able to receive gifts from her anymore. Fred is also concerned about decisions for other finances, like dealing with Revenue Canada.
How can Fred get legal authority to help his wife and be able to manage her finances?
His wife, even though she cannot manage her affairs without help, can make a Representation Agreement with standard powers. She can name her husband and others she trusts to represent her to deal with her finances, but also to help her with decisions around health and personal care. The Representation Agreement Resource Centre (RARC) offers publications and can help.
Find some information on the Internet that you can print off for Fred to read and also provide him with a contact number for the Resource Centre to help him set things up.
Find RARC’s website on the Internet (www.rarc.ca). Click on the link “Information, Legislation and Publications”. Find the publication “Representation Agreements – a legal Plan for your well being now and in the future…”. Download the publication and print it.
The website also lists the RARC office phone number (About Us).
2. Janine has recently made her Will. Janine does not have any family but is very close to her best friend’s children, Tom and Irene, who she trusts and who know her wishes. Because of Janine’s religious beliefs, she does not want to receive blood transfusions or other kinds of blood products. She worries that there is nobody who can legally act upon her wishes should she need help with decision-making. Janine also owns a house.
What kind of legal arrangements can Janine make in order for the people she trusts to assist her if needed?
Janine can give Tom and Irene, who she trusts, legal authority to refuse life-supporting treatment for her as well as handle her financial, legal, personal and other health care matters.
Janine can make a Representation Agreement with broader powers for health and personal care and an Enduring Power of Attorney for her financial and legal matters.
Can you download and print some information for her?
You can download the information for her on the RARC’s website www.rarc.ca. Go to the “Information, publications and legislation” section and download and print “Make and Register Your legal Future Care Plan”.
To set up her documents, Janine will require legal help. You have heard that RARC offers Clinics in Vancouver and Janine would like to attend one of the Clinics.
Can you find out when the next two Clinic dates are?
Go the RARC website at www.rarc.ca. Look for the “News and Events Section”. Locate the Calendar of Events to check out the dates.
3. Jim has recently set up an Enduring Power of Attorney with a Notary Public. Jim heard that there is a Registry for this type of document. He would like to know how much it costs to register.
Visit Nidus eRegistry at www.nidus.ca. Click on “I would like more Information”, then click on “More About Nidus”. This page will tell you, amongst others, the cost of registration. First time registration is $25.
Jim does not have a computer at home and is wondering if there is anybody in his community who could help him with the registration.
Visit Nidus eRegistry at www.nidus.ca. Click on “I would like more Information”, then click on “Finding a Registration Agent’”.
If there is no registration agent listed in a particular region, the Representation Agreement Resource Centre can facilitate registration by mail. Give your client RARC’s telephone number for more information on this service.
4. Norman, who is retired, heard about the Representation Agreement law. Norman would like to obtain a copy of the Act to study it. Can you print him a copy?
Visit the RARC’s website at www.rarc.ca and go to “Information, Publications and Legislation”. Click on the link for “Legislation”.
You will find a link to the Representation Agreement Act via Queen’s Printers, which is the government site to download legislation.
Seniors’ Gateway to legal information website:
1. A is a Canadian Citizen. A has a 16-year-old granddaughter in India who she would like to sponsor to immigrate to Canada. Can you find out whether it is possible for A to sponsor her granddaughter and download the application form?
Go the Seniors’ Gateway website (http://www.seniorsgateway.vcn.bc.ca) and go to “Subject Categories”, click on “Citizenship and Immigration” and then to “Family Class Immigration”. This link will bring you to the government website, which offers information and application forms for downloading.
2. Fritz recently immigrated to Canada and would like to apply for the Fair PharmaCare Program. Can you help him with the online registration?
Go the Seniors’ Gateway website (http://www.seniorsgateway.vcn.bc.ca) and go to “Subject Categories”, click on “Health” and then on “Health Forms” under BC Ministry of Health. You will be directed to the Health Services website of the government. Look for “PharmaCare” under the contents “Forms”. Click on “PharmaCare – for NEW residents”, then click on the link “Fair PharmaCare Web Registrations” and follow the instructions.
3. Judith would like to make a Will. She owns various properties and will need to see a lawyer. Could you find out who to contact for a lawyer referral?
Go the Seniors’ Gateway website (http://www.seniorsgateway.vcn.bc.ca) and go to “Subject Categories”, click on “Legal Services” and the click on “Lawyer Referral Service”. Here you will find the telephone number to call for a referral.
4. Jason has a brother who was in a car accident and is now using an electric wheelchair and requires personal care. He cannot continue to live in his home since he receives disability benefits. Can you find out if there is a program that provides assistance with affordable and accessible housing?
Go the Seniors’ Gateway website (http://www.seniorsgateway.vcn.bc.ca) and go to “Subject Categories”, click on “Housing” and look for “Supported Independent Living Program” under financial assistance programs.
5. Miranda is wondering if she is eligible for the Universal Bus Pass Program for low-income seniors. Can you find her the information on the eligibility criteria?
Go the Seniors’ Gateway website (http://www.seniorsgateway.vcn.bc.ca) and go to “Subject Categories”, click on “Transportation”, then on “Bus Pass Program – Government of BC”
6. David is an Executor of his friend’s Will. David’s friend just passed away. David is aware that he is required to do a search of Wills Notice. Can you find out how David can proceed with the Wills Notice search?
Go the Seniors’ Gateway website (http://www.seniorsgateway.vcn.bc.ca) and go to “Subject Categories”, click on “Planning Ahead” and the click on “Wills Registry.