Planning for the Future

Estate planning is one of those things most of us know we should do — and keep putting off. At Coastal Family Law & Mediation, we make it straightforward.

We offer simple wills, enduring powers of attorney, and representation agreements to help you protect yourself and the people you love, both during your lifetime and after. These are not complicated documents to put in place, and having them done brings a real sense of relief.

A will is the document that lets you decide what happens to your property and belongings after you pass away. Without one, British Columbia law determines how your estate is distributed — and the result may not reflect your wishes.

A will also lets you name an executor, the person who carries out your wishes, and, if you have children, a guardian. It only takes effect when you die, and you can update it as your circumstances change.

A power of attorney lets you appoint someone you trust — called your attorney — to manage your financial and legal affairs while you are alive. Despite the name, your attorney does not need to be a lawyer. It can be anyone you trust to act carefully on your behalf.

An enduring power of attorney continues to apply even if you become incapable of managing your own affairs, which is what makes it such an important planning tool. It ends at your death, at which point your will takes over.

Without one, your family may have to apply to court for authority to help you — a process that is stressful, slow, and expensive at exactly the moment your family can least absorb it.

A representation agreement allows you to appoint someone to make decisions about your health and personal care if you are ever unable to make those decisions yourself — because of illness, injury, or cognitive decline. Depending on the type of agreement, it can also cover routine financial matters.

It is a separate document from a power of attorney. Together, the two cover both your financial affairs and your personal care.

These three documents work as a set:

• A will protects your loved ones after you are gone.
• An enduring power of attorney protects your finances while you are here.
• A representation agreement protects your health and personal care decisions while you are here.

Having all three in place means that whatever life brings, you — not the courts, not the government — have made the decisions that matter. We offer these services individually or as a package.

Separation is one of the most important times to review your estate documents. Your will, your enduring power of attorney, your representation agreement, and the beneficiary designations on your pensions, RRSPs, and life insurance policies may all still name your former spouse.

Updating these documents is part of putting your separation agreement fully into effect. If you have worked with us on a mediation, we already know your situation — which usually makes this a quick and simple step.

• Complete a short intake form. It tells us what you own, who matters to you, and what you would like to happen.
• Meet with the Lawyer to discuss your instructions, get advice and ask questions
• We prepare your draft documents and walk you through them in plain language, so you understand exactly what you are signing.
• You sign, and we finish the file, including guidance on where to store your documents and who should know they exist.