Legal & Financial Checklist for Families
These are the documents, programs, and benefits that can make a real difference — and most families don't find out about them until it's too late.
Key Facts
- Every BC adult should have an enduring power of attorney and a representation agreement in place before a health crisis.
- BC's Wills, Estates and Succession Act governs how estates are distributed — a will prevents default provincial rules applying.
- The Disability Tax Credit (DTC) and Caregiver Amount are federal credits that can significantly reduce tax payable.
- Subsidized care in BC is income-tested — assets and income affect co-payment amounts for assisted living and long-term care.
- A notary public in BC can handle most estate planning documents; a lawyer is required for complex estates.
Legal Documents You Should Have
Power of Attorney (POA)
A Power of Attorney lets someone make financial decisions on behalf of your loved one — paying bills, managing bank accounts, selling property.
- Two types in BC: A general POA works while the person is capable. An enduring POA survives incapacity — this is the one you need.
- How to set up: Through a lawyer ($200–$500), or use free guidance from the Nidus Personal Planning Resource Centre.
- Critical timing: Must be set up while the person still has mental capacity. If they've already lost capacity, it's too late for a POA.
Representation Agreement
This is BC's equivalent of a healthcare power of attorney. It lets someone make healthcare decisions when your loved one can't.
- Section 7 (standard): Covers routine healthcare decisions. Can be set up without a lawyer using free templates from Nidus.
- Section 9 (enhanced): Covers major healthcare decisions, including end-of-life care. Requires a lawyer.
Advance Directive / Living Will
Documents your loved one's wishes for end-of-life care — what treatments they want or don't want.
- In BC, an Advance Directive is not as legally binding as a Representation Agreement. The RA is the stronger document.
- Still valuable as a guide for the person's representative and care team.
Committee of Estate / Committee of Person
This is what happens when there is no POA and the person has already lost capacity.
- Requires a court application through BC Supreme Court — expensive ($3,000–$10,000+) and slow (months).
- Involves ongoing court reporting and supervision.
- The whole point of this guide is to help you avoid this. Setting up a POA and Representation Agreement now, while there's still time, is far simpler and cheaper.
Financial Programs You Might Not Know About
GIS — Guaranteed Income Supplement
A federal monthly income top-up for low-income seniors receiving Old Age Security (OAS). Many eligible seniors don't claim it — especially those who haven't filed taxes.
- Tip: If your loved one is entering care and their income is dropping, they may newly qualify.
- Service Canada: 1-800-277-9914
SAFER — Shelter Aid for Elderly Renters
A BC Housing rent subsidy for seniors aged 60+ who are spending more than 30% of their income on rent. Applies to renters, not facility residents.
- BC Housing: 1-800-257-7756
BC Senior's Supplement
Automatic if receiving GIS — no application needed. Tops up the federal GIS with provincial dollars.
Disability Tax Credit (DTC)
A federal tax credit that reduces income tax for people with prolonged disabilities.
- Requires a T2201 form signed by a doctor.
- Can be applied retroactively up to 10 years — potential for a significant refund.
- Can be transferred to a supporting family member who pays taxes.
Medical Expense Tax Credit
Claim out-of-pocket medical expenses over a threshold. Includes home care, attendant care, medical equipment, and accessibility renovations.
- Keep all receipts — even small purchases add up over a year.
Veterans Affairs Canada
If your loved one served in the Canadian Armed Forces, they may be eligible for additional benefits for care, equipment, and home modifications.
- Veterans Affairs: 1-866-522-2122
HAFI — Home Adaptations for Independence
A BC Housing program offering up to $20,000 in forgivable loans for home modifications — grab bars, ramps, widened doorways — for low-income homeowners and renters.
- See our Equipment & Services guide for more on home modifications and medical equipment.
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Paying for Care
How care costs work in BC:
- Publicly funded long-term care: Residents pay approximately 80% of their after-tax income.
- Subsidized assisted living: Residents pay approximately 70% of their after-tax income.
- Private care: Costs vary widely by facility type and care level. Home care typically ranges from $35–$55/hour.
Estate Planning Basics
We're not trying to replace a lawyer here — just flagging the basics so you know what to ask about.
- Having a will: Without one, BC's intestacy rules decide who gets what. This may not match your loved one's wishes.
- Beneficiary designations: Check RRSPs, TFSAs, and insurance policies. Beneficiary designations override what's in the will.
- Joint bank accounts: Convenient for managing finances, but carry legal and tax risks. Get advice before setting one up.
- When to consult an estate lawyer: If there are significant assets, blended families, business interests, or any potential for family disagreement.
Your Next Step
You don't need to do everything on this list today. Start with the Power of Attorney and Representation Agreement — those are the most time-sensitive because they require mental capacity.
This guide is for informational purposes only and does not constitute legal or financial advice. Consult a lawyer or financial advisor for advice specific to your situation.
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