Types of Planning

This page explains some universal concepts about planning. It highlights the documents available under BC legislation.

This page provides an overview of the types of legal planning adults can do:

  • To have a say over matters affecting your quality-of-life;
  • To ease the burden on others (who need to know and need legal authority in order to act on your behalf).
  • To avoid the involvement of government or the state in your private and personal affairs.

There are TWO key types of planning

  1. Personal planning – making arrangements for while you are alive but you may need assistance due to an illness, injury or disability; and
  2. Estate planning – making arrangements for after death.

Personal Planning – new concept!

Personal planning covers ALL 4 areas of your life: health care, personal care, legal affairs and financial affairs. See chart below.

You may come across the term ‘Advance Care Planning.’ This term is used by the health system. Effective planning is not only about health care and not only about the health system.

Personal planning — in case of incapacity, for end-of-life and for other support needs.

Personal planning does not replace informal help provided by your friends and family. Rather, by making legal documents for personal planning you can give your personal supporters the legal authority necessary to help you. The best time to do personal planning is before a crisis occurs.

Legal Planning Documents available in British Columbia

In BC, there are two paths for personal planning for adults (the age of adulthood in BC is 19 years).

The difference between the two paths has to do with mental capability requirements.

TRADITIONAL PATH

The traditional definition of mental capability is for BC adults who UNDERSTAND the nature and effect of the legal document at the time of making it.

In BC, if someone does not meet the traditional definition, there is a new (RA7) definition of mental capability for Representation Agreements made under section 7 (RA7). Scroll down for more details.

Under the TRADITIONAL definition, there are 3 essential legal documents: 1) Representation Agreement section 9 (RA9); 2) Enduring Power of Attorney; 3) Will.

Nidus has a free Kit with RA9 form. Nidus recommends going to a BC lawyer or notary public to make Enduring Power of Attorney and Will.

See chart below – notice Enduring Power of Attorney does NOT cover health care. Some people might be able to make an RA7F+L instead of Enduring Power of Attorney, but the routine finances in RA7F+L does not cover as much.

ff

RA7 PATH

What if my son has a disability from birth that affects his mental capability to understand?

What if my spouse just had a massive stroke?

What if my parent has advanced dementia and has to go into long-term care?

Some adults do NOT meet the traditional definition. Their mental capability to understand is in question. This may be temporary or ongoing.

The RA7 definition of mental capability is designed to be a legal alternative to adult guardianship procedures (called Committeeship in BC).

Committeeship used to be the only step in BC if an adult was not capable to understand and needed help. Now, it is the last resort. Under Committeeship, adults lose their rights – some call this civil death – and become a non-person.

A Representation Agreement under section 7 may include 4 authorities (minor and major health care, personal care, legal affairs and routine finances) to cover aspects of ALL 4 life areas.

Nidus has a free Kit with RA7All form.

Some adults whose mental capability to understand is in question may only need the RA7H+P – they have something already in place for financial and legal affairs, but nothing for health and personal care.

If the adult is not considered capable to make a Will, don’t worry. See the Nidus fact sheet on Dying Without a Will.

Don’t forget to register

Don’t forget to register your legal planning documents and any other important information and documents with the online Nidus Registry.

The Nidus Registry is operated by the Nidus Resource Centre, but is a separate service to help with communication.