Life can change overnight. 2 families share what people should know about power of attorney
Mary Jarratt was thrown into action as power of attorney when her brother had a life-changing stroke
When Dr. Mary Jarratt's brother, Billy Jarratt, asked in 2018 if he could designate her as power of attorney in the event something should happen to him, she thought little of it.
Billy's wife had just died, so while updating his will, he also needed to designate someone new to make medical and financial decisions for him should he no longer be able to do so himself.
"Billy was the last person that you'd ever would have thought would become disabled," Mary told Dr. Brian Goldman, host of CBC Radio's White Coat, Black Art.
"Billy led a very active life. He had a very good job. He'd been with the senior management of the town of Oromocto [N.B.] for 32 years … worked out at the gym every day."
But in January 2023, at the age of 58, he had a massive hemispheric stroke that left him unable to speak and reliant on a wheelchair.
Mary is a family physician from Saint John, N.B. — and therefore familiar with power of attorney situations — but she says she still underestimated what's involved. Now she's calling for more awareness of the topic and easier access to resources for Canadians to help them make informed decisions about power of attorney, and to help them prepare to take over if needed.
Mary shows a picture frame with photos of her brother from before his stroke. (Brian Goldman/CBC)
The laws that govern power of attorney (POA) vary depending on your province or territory, as does some of the terminology. In New Brunswick, where the Jarratts live, the process is guided by the Enduring Powers of Attorney Act that came into effect in 2020.
You might assign a power of attorney for a short period when you need someone to take care of a financial matter while you're out of the province. An enduring power of attorney, on the other hand, is what's required for an ongoing situation such as Billy's.
There are two types of enduring powers of attorney — an attorney for personal care, who makes decisions on your health care, and an attorney for property, for financial matters. These duties can be assigned separately. If it's the same person, however, it can be taken care of with one form in New Brunswick.
Mary Jarratt said that when it became clear that Billy was going to survive his stroke, it was time for her to start to try to take charge.
"Billy owns a house, he has a son in school, two [adult] stepchildren that were living with him at the time," she said. "Lots of bills and various responsibilities."
The search for documents
Their biggest mistake, according to Mary? Billy had not given his sister a copy of his will and power of attorney. Without those documents, she couldn't proceed with the crucial work she needed to do. His lawyer had retired and had not kept copies of his client's files.
Initially they found a copy, said Mary, but for privacy and fraud-prevention reasons, the bank needed originals in order for her to access his accounts.
Once those were found, the next major hurdle was the utility bills. "The challenge with that today is that everything's electronic," she said.
Billy didn't have a trusty shoe box or accordion folder with everything she'd need. He had been the only one with the account numbers, let alone the passcodes. She had to slowly approach each organization and figure out how to get access.
Billy
looks at his sister during a visit at the assisted living facility
where he's lived since leaving the hospital his stroke in January 2023. (Brian Goldman/CBC)
But that's only the money side of the equation. Mary also had to ensure there was a plan for taking care of her nephew, Billy's son, Shane, who still had a year of high school to complete (one of the hockey moms in Shane's life took him in so he could do Grade 12 with his friends), find a live-in care facility for Billy and — eventually — make the difficult decision to sell his house.
Lawyer Kavina Nagrani, who specializes in estate and elder law in Ontario, said she recommends that the person designated by the POA documents at least know the location of a dossier of documents containing the pertinent information in the event something happens.
'Duties are endless'
Michelle McDonald, chief executive officer of the non-profit Brain Injury Canada, said a POA's "duties are endless" and often come on top of hands-on caregiving.
"I don't think people understand the magnitude of this," said McDonald. She noted that — in most cases — that's fine because the worst never comes to pass.
But in her organization's work with those affected by brain injuries, she's seen some complex situations that people acting as attorney must navigate. "And there really is no training," said McDonald.
When you Google the topic, the top results are mostly from law firms, so it's hard to get unbiased information, she said.
"Because the impairments that are associated with brain injury can be cognitive, physical, emotional, behavioural, that can make it a challenge in itself for someone who's a power of attorney," she said.
"That person themselves might not know that they need someone, or they may be resistant to having someone else making decisions for them."
She says more could be done to support family caregivers thrust into the role of attorney by creating resources and training.
When we were younger it was all theoretical and abstract. This time it was real.
- Mike Cels
When Mike Cels of Oakville, Ont., was first diagnosed at age 54 with amyotrophic lateral sclerosis (ALS), a degenerative motor neuron disease, back in 2017, both he and his wife, Carmen Cels, had a lot to get their heads around. Fortunately, they weren't new to the concept of a power of attorney.
Married in 1996, they'd drawn up wills once they had children a few years later, said Mike. The next time those needed an update — but while they were both still healthy — they designated each other as power of attorney.
Mike
Cels, who is living with ALS, travelled to Petra, Jordan, with his
wife, Carmen Cels, in early 2020, their last international trip before
the pandemic stopped all travel. Petra was a bucket-list destination for
Mike. (Submitted by Carmen Cels)
Speaking to CBC through assistive technology that allows him to use his eyes to type out responses to questions, Mike said that when his disease had progressed considerably by 2020, he and Carmen "realized that we had to update everything to ensure it reflected our new reality."
"When we were younger, it was all theoretical and abstract," he said. "This time it was real."
Today, the couple's power of attorney documents account for every scenario, including each of them needing alternate attorneys should something else unexpected happen.
Carmen said she maintains a portfolio of documents that includes their wills, POAs, financial details, cemetery plots and contact numbers for their lawyer and financial planner. One copy lives in a safe deposit box and another in an encrypted computer file their children, now in their 20s, know how to access.
Mike,
pictured here in his wheelchair with, from left, his son, Jonathan,
wife, Carmen and daughter, Cynthia, at a wedding in Winnipeg in
September 2023, was diagnosed with ALS in 2017. He said it helped that
they had already set up powers of attorney. (Submitted by Carmen Cels)
As things stand today, says Carmen, Mike still makes decisions on his health care. "As I advocate for his care today, I can identify options and potential care plans, and I can suggest reasonable next steps. And yet, sometimes he selects a route that I wouldn't have expected or chosen for him.
"And so sometimes I wonder if I can make the decision that Mike would want when the time comes and he can't direct me."
Crucial conversations
It takes a lot of open conversation about the kind of scenarios they may face with the progression of a disease, said Mike.
That's a kind of conversation people don't get to have when their situation changes drastically overnight, as Billy Jarratt's did.
Looking back, Mary said she regrets not talking to her brother sooner about what his wishes would be. She wants others to avoid the same pain.
"If someone asks you to be POA, spend an hour sitting down with them just getting an idea of what their wishes would be and maybe some basics about their finances, about their house … and what they would want for their children."
ABOUT THE AUTHOR
Can we please come back to discussing the actual article? Some people are bent on undermining the trust in our institutions incl. media and health care, on purpose, acting in bad faith.
Portia Saavedra
untruthful news lost the trust for media.
untruthful health experts lost the trust for health care.
You're right, they did this on purpose, in bad faith.
We can tell because they continue to be untruthful.
Ryan Rob
Content Deactivated
Gibberish
Lina Jensen
Reply to Portia Saavedra
This is what you are trying to do, to undermine our trust by misrepresenting the reasonable limitations placed by the need to react fast in pandemic and the opinion of one person versus pier reviewed articles.
Dan Coffey
Reply to Portia Saavedra
who are we? you are only 1 and no one agrees with you so....
Ryan Rob
Reply to Portia Saavedra
Who's "we"? I provided direct quotes and evidence of my claims and you keep regurgitating the same gibberish.
David Amos
Content Deactivated
Reply to Lina Jensen
This was off the rails before I made my first comment which was on topic
Lina Jensen
Reply to Portia Saavedra
You are trying to make us to lose the trust, that's what you do here. Working for Putin? Maga?
Ryan Rob.
Reply to Lina Jensen
"Lets agree on the common ground they did this on purpose, in bad faith, and we can tell because they continue to be untruthful."
LOL!
Tom McCoubrey
Reply to Portia Saavedra
Have you told the truth ever?
David Amos
Reply to Lina Jensen
Oh my my I guess there is no need in wasting my precious time on posting anymore on this topic
Reply to Ryan Rob
Reply to Portia Saavedra
Truth, like beauty, is in the eye of the beholder.
Reply to Portia Saavedra
You have no idea what truth in scientific terms means, It isn't someone single opinion based on perjured data
Reply to Ryan Rob
Nay not so the truth can be very ugly
Reply to Ryan Rob
Good one, Ryan! Thumbs up.
Reply to Portia Saavedra
"proving the truth" it's almost like the algorithm doesn't truly understand the meaning of the words.
Portia Saavedra
Content Deactivated
Many lives are changing overnight since the vaccine rollout. Florida's surgeon general, Dr. Joseph Ladapo, called for an immediate halt to the covd vaccines, citing cancer and other health risks. Saying
"safety concerns pertaining to the discovery of billions of dna fragments found per dose in the fizer and moderna vaccines"
They are dangerous. It explains why so many people have died suddenly and why cancers are increasing.
It's so sad this site and so many of its users are locked in the untruthful 'your truth' mode based on their feelings, in a reality not based on truth, even unwilling to find the readily available data that points out how dangerous it all was. I hope that they can beak down that wall and enter into a truthful truth mode. The vaccine is dangerous. if you want to live happily don't encourage your loved ones to take it.
So expect this site and its users to be untruthful to protect their untruthful 'truth'.
Reply to Portia Saavedra
An assertion by Florida’s politically appointed surgeon general that Covid-19 vaccines can contaminate human DNA has been dismissed as “scientific nonsense” by public health experts, who say he is putting
lives at risk by wanting to block distribution.
Reply to Portia Saavedra
Reported.
Reply to Portia Saavedra
Still false.
Reply to Portia Saavedra
False.
Reply to Portia Saavedra
The Harvard-educated Ladapo is aligned with a rightwing group called America’s Frontline Doctors, which has pushed bogus Covid-19 cures according to a Time investigation, and has been accused by colleagues at the University of Florida of sullying the name of its flagship medical school. Other critics have accused him of “normalizing medical quackery”.
Reply to Portia Saavedra
What?
Reply to Portia Saavedra
Methinks you are being rather redundant N'esy Pas?
Ryan Rob
Recently Donald Trump announced that after seeing an actual doctor he is withdrawing from the election due to cognitive decline, and is devoting his considerable wealth to improving delivery of vaccines and free comprehensive health care to poor Americans.
David Amos
Content Deactivated
Reply to Ryan Rob
Fake news
Dan Coffey
David Amos
Reply to Dan Coffey
Are you happy now?
Dan Coffey
Reply to David Amos
of course, you
Lina Jensen
Reply to David Amos
is this your second account?
David Amos
I am the one and only David Raymond Amos who ran or public office in Canada 7 times after suing more Yankee lawyers in history So why would I pretend to be anyone else?
Rob A Ross
Reply to David Amos
I’m not sure why you’d pretend to be you either.
Portia Saavedra
Content Deactivated
Many lives are changing overnight since the vaccine rollout. Florida's surgeon general, Dr. Joseph Ladapo, called for an immediate halt to the covd vaccines, citing cancer and other health risks. Saying
"safety concerns pertaining to the discovery of billions of dna fragments found per dose in the fizer and moderna vaccines"
They are dangerous. It explains why so many people have died suddenly and why cancers are increasing.
It's so sad this site and so many of its users are locked in the untruthful 'your truth' mode based on their feelings, in a reality not based on truth, even unwilling to find the readily available data that points out how dangerous it all was. I hope that they can beak down that wall and enter into a truthful truth mode. The vaccine is dangerous. if you want to live happily don't encourage your loved ones to take it.
So expect this site and its users to be untruthful to protect their untruthful 'truth'.
Content Deactivated
Still false. Dr. Ladapo is a discredited fraud facing professional sanctions.
Content Deactivated
Reported
Content Deactivated
Reply to Ryan Rob
We already went over this, Ryan. Your untruthful 'your truth' conflicts with the truthful truth.
Content Deactivated
Reply to Rob A Ross
I expect you to, since we found you have an aversion to the truth and prefer 'your truth' based on feelings and 'your reality' instead of reality.
Except I provided evidence of my claim and you didn't
Content Deactivated
Get help Portia
Reply to Ryan Rob
You provided no credible evidence of any kind. We keep asking for it yet you refuse to provide it.
Reply to Portia Saavedra
"we found"? How many people are in there with you?
Reply to Rob A Ross
Oh, Portia is David.
Content Deactivated
this was for Portia, right?
Reply to Portia Saavedra
Why do you find it acceptable to interrupt and make it impossible to discuss this very important topic all Canadians should to be aware of, the POA?
Amen
Ryan Rob
Content Deactivated
Reply to Ryan Rob
Yes, sorry. Not sure if it was me or if the system glitched.
Content Deactivated
NP, it happens. Responding to these folks isn't easy
Reply to Rob A Ross
Screen shifts while you post and it lands at the wrong poster
Reply to Portia Saavedra
I've had my Covid vaccines. I've never had Covid. I've never had any complications from the vaccine...
Huh... it's almost as if the conspiracy theories aren't real...
Reply to Ryan Rob
He and a few other media craving "common sense" populists,.. rebelling against those "elites in on the scam", in their professional accreditations,being found suspect and under review for many reasons well documented.. oh, the injustice! .
Lina Jensen
Reply to Portia Saavedra
He manipulated data:
Florida surgeon general altered Covid-19 vaccine analysis to suggest higher risk for younger men, Politico reports.
jim Murray
Reply to Lina Jensen
the "mentioned" bar will open the threat at that post, but when you click the post button.. it clicks the post button of whomever's post is under the pop up.. go to the post in the thread before responding.
Reply to Portia Saavedra
Are you serious ? Are you okay ? I bet you are a MAGA member ? I have never heard so much nonsense and false information in my life and I have been around quite a while. As I write my comment I can't help but notice only one person agrees with you and I bet that one is you. Correct ? Why the CBC allows this kind of crap is beyond me. Come on CBC. Stop stuff like this
Ryan Rob
Content Deactivated
I find that when I am using a phone sometimes closing my browser and starting again navigating to the thread can help. It's like the cache or something gets too full and it glitches out
Portia Saavedra
Lina Jensen
Reply to Portia Saavedra
In medical science truth has a very defined statistic and scientific meaning. Unless it is not based on stats and not verified by the pier review colleges, it is just a single person opinion. I am pretty sure you realize that and your acts here are in bad faith.
Ryan Rob
Content Deactivated
I think that you are a b o t. As evidence I put forward your bizarre contortions of the word "truth" and variants into incomprehensible phrases that include a number of hallmarks of AI fabricated product.
Reply to Peter Hill
"Oh, Portia is David."
Surely you jest
jim Murray
Reply to Ryan Rob
if your devices is near capacity memory wise.. a cache dump is a good practice to get into.
Reply to Ryan Rob
AI assisted perhaps.. the topics and conspiratorial aspects are all inputs and parameters..garbage in, garbage out..
Reply to William Bell
better to let them post there stuff.
best to ignore them after one rebuttal and their corresponding
deep dive down another rabbit hole just as absurd...
they self implode and are removed .. soon replaced by another just as absurd name and postings.
Reply to jim Murray
their .
Free Speech isn't a magic spell absolving you of responsibility.
You support the spreading of false information? Why?
What does that mean? Reporting posts that violate the terms of service is normal and healthy.
Lina Jensen
Reply to David Amos
We don't have Free Speech right in Canada. We have Freedom of Expression right and it is subject to some limitations. Read the law.
And, critically, it doesn't apply to private platforms, like this website. No one has a right to a platform or a microphone
Rob A Ross
Calling out someone for posting clearly false information or asking them to prove their assertions? Why is that an issue for you?
Lina Jensen
This is exactly some of the limitations as stated in the law.
Reply to Peter Hill
You dudes are failing with your word games with me
Reply to Lina Jensen
I know the law
Content Deactivated
Because you can’t answer a question?
Reply to Peter Hill
Perhaps you should Google me
Ryan Rob
Content Deactivated
There is no evidence of that here
Content Deactivated
Why? Because you can’t answer a question?
Reply to David Amos
Because googling you isn't going to give multiple hits for different people?
Reply to David Amos
Then why did you get it wrong?
extrapolating that to medical misinformation posted publicly, doesn't take a lot of intellectual horsepower , or does it?
Reply to jim Murray
Portia Saavedra
Content Deactivated
Many lives are changing overnight since the vaccine rollout. Florida's surgeon general, Dr. Joseph Ladapo, called for an immediate halt to the covd vaccines, citing cancer and other health risks. Saying
"safety concerns pertaining to the discovery of billions of dna fragments found per dose in the fizer and moderna vaccines"
They are dangerous. It explains why so many people have died suddenly and why cancers are increasing.
It's so sad this site and so many of its users are locked in the untruthful 'your truth' mode based on their feelings, in a reality not based on truth, even unwilling to find the readily available data that points out how dangerous it all was. I hope that they can beak down that wall and enter into a truthful truth mode. The vaccine is dangerous. if you want to live happily don't encourage your loved ones to take it.
So expect this site and its users to be untruthful to protect their untruthful 'truth'.
Rob A Ross
Reported
Content Deactivated
Still false. How many times now?
Portia Saavedra
Content Deactivated
Many lives are changing overnight since the vaccine rollout. Florida's
surgeon general, Dr. Joseph Ladapo, called for an immediate halt to the
covd vaccines, citing cancer and other health risks. Saying
"safety concerns pertaining to the discovery of billions of dna fragments found per dose in the fizer and moderna vaccines"
They are dangerous. It explains why so many people have died suddenly and why cancers are increasing.
It's so sad this site and so many of its users are locked in the
untruthful 'your truth' mode based on their feelings, in a reality not
based on truth, even unwilling to find the readily available data that
points out how dangerous it all was. I hope that they can beak down that
wall and enter into a truthful truth mode. The vaccine is dangerous. if
you want to live happily don't encourage your loved ones to take it.
So expect this site and its users to be untruthful to protect their untruthful 'truth'.
Jim Bo
Reply to Portia Saavedra
Best you tighten that tinfoil hat a little bit more before you say something silly. Can I get the ph # for the Florida Person...I think they might be related to a Canadian health person.
Lina Jensen
Reply to Portia Saavedra
You can't make this statement based on one person opinion. It is
misleading AND off topic.
David Amos
Reply to Dan Coffey
True
Dan Coffey
I now take all medical advice from "The Florida Health Person"
Dan Coffey
Reply to David Amos
it was sarcasm champ
David Amos
Reply to Dan Coffey
Clearly you did not detect mine
Daniel Griffiths
This kind of education should begin in high school .... along with
what is a mortgage, an invoice and a budget.
Daniel Griffiths
Reply to Daniel Griffiths
thankfully the world is moving back to reality and perhaps it will.
Grant Groene
Reply to Daniel Griffiths
Correct. People who do not have this basic knowledge should not be PM
or Since Minister.
Grant Groene
Reply to Grant Groene
Or finance minister.
Lina Jensen
Reply to Daniel Griffiths
And marriage.
MR Cain
Reply to Grant Groene
I guess that would exclude every Conservative party from ever forming government. I have no problem with that.
David Amos.
Reply to Daniel Griffiths
I agree
Daniel Griffiths
Reply to MR Cain
get ready...the world is changing quickly now. It turns out that wooly headed PC idealism didn't work. Look elsewhere for what Argentina's prez said at Davos.
Grant Groene
Your brother or sister is not necessarily the best person to administer your personal affairs in the act of power of attorney (or living power of attorney). Do think long and hard to choose the person who would be act in a most fair and decisive manner.
Cathy Watson
Reply to Grant Groene
Surely you realize that before choosing them.
David Amos.
Reply to Grant Groene
I agree
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