Elder Law is a term that originated in the United States which defines the area of law that focuses on legal issues that affect the elderly, their spouses, and/or their children. The general population may have the same issues from time to time. It is the seniors in our community who often have a greater need for Estate Planning, Planning for Incapacity, Representation Agreements, Powers of Attorney, and other areas involving long term planning.

This web page is not intended to give all the answers to everyone's questions regarding Elder Law. It is intended to act as a resource for seniors and also for their families who are slowly facing the challenges of aging. This web site is limited to legal issues relating to British Columbia, Canada and no other jurisdiction. Your suggestions and comments are always welcome.

The Attorney General for the Province of British Columbia announced in May of 2004 that the Government had decided not to proceed with legislative amendments to deal with problems identified in the legislation relating to Representative Agreements and Powers of Atttorney. We at FH&P Lawyers are accordingly recomending to our clients that they consider having an Enduring Power of Attorney preparedfor financial affairs and a Section 9 Representative Agreement limited to Health Care. We do not recommend that they attempt to combine the two into one Section 9 Representation Agreement.

As at January, 2004, the British Columbia Government has still not enacted the promised changes to the Representation Agreement Act and ancillary legislation. Currently planning for incapacity includes an Enduring Power of Attorney for financial affairs as well as a Representation Agreement for Health Care. For those whose capacity is less than complete the Representation Agreement Act, (R.S.B.C. 1996) c.405 does allow for a modified Representation Agreement to be executed. We expect that legislation to expand and define the role and duties of an attorney acting under a Power of Attorney will be enacted in 2004.