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 OVER- NOT 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 STUFFYOU BD AD

BEING PREPARED STUFFYOU BD AD WILLFUNERAL

BEING PREPARED STUFFYOU BD POAHCD AD WILLFUNERAL

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 DIERCTIVE- Both 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 advice- but 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 – 1Committeeship – 2Public 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 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 expensive- potential 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