Transcript Event Title Here

WHAT REALLY MATTERS?
TELEHEALTH PRESENTATION
October 21, 2014
Heather Dixon
PULLAN KAMMERLOCH FROHLINGER
WHAT MATTERS MOST?
• Most people want a Will
• Wills deal with your possessions AFTER your
death
• Important that the right person get the right
things
WHAT MATTERS MOST
• A will can be an important part of a good
estate plan
• A will can save time and money after a
person’s death
• A will can ensure that underage children are
provided for
• A will can ensure that you determine who gets
what…. And so much more
WHAT MATTERS MOST?
• BUT…..
THAT’S ONLY IF THERE IS ANY “STUFF” LEFT OVER
AFTER YOU DIE!
AND SOMETIMES THERE IS NO STUFF LEFT OVERNOT BECAUSE OF WHAT YOU DID
BUT BECAUSE IF WHAT YOU DIDN’T DO!!!!
WHAT MATTERS MOST
• BEFORE DEATH DOCUMENTS ARE OFTEN
FORGOTTEN
• NEED TO THINK OF 2 THINGS:
• WHAT ABOUT YOU IF YOU BECOME ILL?
• WHAT ABOUT YOUR “STUFF” IF YOU CAN’T HANDLE YOUR
OWN AFFAIRS?
BEING PREPARED
STUFF
BD
AD
YOU
BEING PREPARED
STUFF
YOU
WILL
FUNERAL
BD
AD
BEING PREPARED
STUFF
YOU
BD
POA
HCD
AD
WILL
FUNERAL
WHAT MATTERS MOST
• Most important- ABOUT THE PERSON
• HEALTH CARE DIRECTIVE
– Simple or complex
– Homemade or made by lawyer or from internet
– Most important point about a HCD
– THE PROXY
WHAT MATTERS MOST
• IMPORTANT
– If you appoint a PROXY, then it is essential that
you have a discussion with that person about
what YOU want, need or think about end of life
issues.
– The DISCUSSION is your responsibility
WHAT MATTERS MOST
• HEALTH CARE DIRECTIVES (HCD)
• Legislated Since 1992
• Under Utilized
• Increasingly Important
• Not A “Living Will”
WHAT MATTERS MOST
• A PROXY is a person (or, more than one
person) who will make decisions for you
REGARDING YOUR HEALTH or MEDICAL
TREATMENTS
IF (AND ONLY IF) YOU CANNOT MAKE THEM FOR
YOURSELF
WHAT MATTERS MOST
• A PROXY CANNOT OVER-RIDE A COMPETENT
PATIENT- BUT CAN INSTRUCT A DOCTOR OR
OTHER MEDICAL PROVIDER
• A PROXY MUST BE ABLE TO MAKE AN
INFORMED CHOICE AND THEREFORE MUST
BE ABLE TO SPEAK TO THE MEDICAL
PROVIDER
WHAT MATTERS MOST
• INFORMED CONSENT
• Decision maker must understand the nature of
the treatment proposed, the benefits of the
treatment, the risks of the treatment
• Can’t do that if you don’t know what you have
or will have!
WHAT MATTERS MOST
• ADVANCED CARE PLAN or a HEALTH CARE
DIERCTIVEBoth documents still require that any consent to
treatment must be INFORMED consent
WHAT MATTERS MOST
• Advantages of HCD FORM in Manitoba
•
•
•
•
Simple form
No witness required
Available to all
Easy to change
WHAT MATTERS MOST
• Recommend re HCD
– Don’t use “legalese”
– Only one proxy at a time
– Keep proxy information up to date
– Give proxy a copy of HCD
– Give your doctor a copy of the HCD
– Keep a copy of the HCD with you
– Keep a copy of HCD in your car, ERIK etc
WHAT MATTERS MOST
• “DNR”- is not recommended
• If complex instructions- seek medical advicebut ultimately- even complex instructions will
not- cannot -override
• INFORMED CONSENT
WHAT MATTERS MOST
• Second most important document-
• POWER OF ATTORNEY
WHAT MATTERS MOST
• POWER OF ATTORNEY– Before death
– Deals with your property
– Homestead exception re spouses
• Must be competent (“legal capacity") to
sign
• Biggest consideration: TRUST
• Next consideration: ABILITY
WHAT MATTERS MOST
• A Power of Attorney document is a document
that gives the power to another person the
right to deal with your property
BUT THEY DO NOT OWN IT
• ALL actions taken by attorney must be in
DONOR’s best interests- regardless of what
the attorney’s interests are
WHAT MATTERS MOST
• A Power of Attorney document is a document
that gives the power to another person the
right to deal with your property
BUT THEY DO NOT OWN IT
• ALL actions taken by attorney must be in
DONOR’s best interests- regardless of what
the attorney’s interests are
WHAT MATTERS MOST
• POWER OF ATTORNEY- ABUSE PREVENTION
• Use oversight/ reporting paragraph
• Make your wishes known well in advance
• Frank discussion with all the family as to who
you name and why
• Introduce your attorney to your bank
• Warning re cash cards
What matters most
• POWER OF ATTORNEY
• Should seek legal advice
• Enduring Clause is important
• Must have Affidavit of Execution attached
– Signed in front of restricted class of witness
– States person competent at signing
WHAT MATTERS MOST
• Power of Attorney- one last thing
• Who will make decision re :personal care
placement? Not health decision- not about
your property
• Recommend in PoA– Advice
– Witness
WHAT MATTERS MOST
• Options if no Power of Attorney
• VERY LIMITED
–1
Committeeship
–2
Public Trustee as Committee/ appointed
WHAT MATTERS MOST
COMMITTEE- Private
*Application to Court
*A person residing in Manitoba
*Interest or connection with you
*Affidavits from 2 different Doctors in Manitoba
*Some idea of assets
WHAT MATTERS MOST
• Application may be granted
– If all relations of equal or prior right to Applicant
have consented (e.g. parents, siblings, children,
nieces/nephews etc)
– Public Trustee approves
– Must file accounting within 60- 90 days
– Must file annual accounting
WHAT MATTERS MOST
• PROBLEMS
– Takes time
– Expensive (can be 10 x more than PoA)
– Subject to challenge (Increased expense)
– Lack of cooperation
– Court scrutiny
– No latitude- no margin for error
WHAT MATTERS MOST
• PUBLIC TRUSTEE- upside
– Thorough
– Good stewards- earn interest
– Not swayed by family politics
– YOU are their focus
WHAT MATTERS MOST
• PUBLIC TRUSTEE- downside
– Doesn’t matter what Will says- can sell everything
owned by person
– Charge fees for everything in and everything out
– Can sell family property if needed for upkeep (e.g.
cottage)
– No personal relationship
– Family might not have say in personal care
WHAT MATTERS MOST
WILL
• YOU decide who gets what
• Only spouse has RIGHT to expect something in
a Will- or without a Will
• YOU decide who will be in charge
WHAT MATTERS MOST
WILL
• Makes YOUR wishes clear
• Especially important if beneficiary is under a
disability
• Fastest, most efficient
• Executor under court supervision-
WHAT MATTERS MOST
WILL
• Takes time to prepare
• Good review of Assets/ type of asset is
essential
• Who gets what and what if person
predeceases you
• Up to date is essential
WHAT MATTERS MOST
WILL
• Executor has right to make funeral
arrangements before Probate• Funeral expenses can be paid by bank without
Probate
• Executor can be paid fees
WHAT MATTERS MOST
PROBATE
• Process of “proving” the Will
– Person entitled to handle estate (Executor)
– Swear to obey law
– Proven value of the estate
– Who receives estate
• Fees are low in Manitoba
WHAT MATTERS MOST
NO WILL
• Funeral arrangements by Next of Kin- arguments
• No will triggers Intestate Succession Act
• Only a person residing in Manitoba can apply to
Court to be appointed administrator
• Time consuming and frustrating
• Out of Pocket expenses might take long time to
be reimbursed
WHAT MATTERS MOST
PRE-PRINTED FORMS- WILL/ PoA
•
•
•
•
•
•
Not recommended
Mine field for mistakes
Can be more expensivepotential for abuse
Conflicting instructions
Inadvertent failure of gifts
WHAT MATTERS MOST
• BE PROACTIVE- BE PREPARED
• MAKE DECISIONS BEFORE YOU “HAVE” TO
• STAY INFORMED
• THANK YOU