Cross Canada Info

The concepts of personal planning are universal.

However, the specific legislation varies from province to province.

Nidus was established in 1995 by citizens and community groups who were involved in a grass roots law reform of adult guardianship in British Columbia. Nidus has developed expertise on BC legislation and practices as well as general concepts such as personal planning and supported decision making.

Currently, there is no community-based organization like Nidus across Canada or in other countries. Nidus’ approach to education and assistance is somewhat unique—like BC’s legislation. Nidus believes in collaboration and is fortunate to have the support and guidance of a Practice Advisory Group made up of community experts, legal experts, and others who are committed to providing accessible and accurate information to the public.

While BC legislation has some unique features, we have put together basic information we hope helps those in other provinces/territories to get started with personal planning.

Personal planning is about making arrangements in the event you need help while you are alive―due to a serious injury or illness. You must be an adult and mentally capable when you make your legal planning documents―they will be used if you are incapable.

Estate planning is about making arrangements for after death. A Will is the key legal planning document in estate planning.

The law divides our life into 4 general areas or categories. Health, personal, legal, and financial. BUT there is an important relationship between financial and legal affairs and health care and personal care matters.

The term and concept of personal planning recognizes the interrelationship of ALL life areas.

NOTE: The health system uses the term ‘advance care planning’ to encourage planning for health care.

TYPES OF PLANNING

personal planning vs estate planning infographic

Information by Province

British Columbia

In BC, due to the grass-roots law reform, there are two paths for personal planning. There are different legal documents that apply to each path. The first step in personal planning in BC is to determine which path fits the situation. There are different capability requirements that apply to each path.

1) Personal Planning for the Future

For adults (19 and older) who meet the traditional capability standard for making a legal planning document.

For example, they understand the purpose of the document(s), what kinds of things the document(s) covers and the effect of making it.

You must understand the nature and effect of the documents you are making. Adults on the future path will make two key documents to cover the following life areas:

Health and personal care matters; and
Financial and legal affairs.

Planning for the future - explained

There is another path for personal planning in BC.

2) What if mental capability is in question?

The need help today path makes adult guardianship the last resort in BC.

For adults (19 and older) whose mental capability is in question at the time of making the document – due to an illness, injury or disability.
These adults do not meet the traditional capability standard that is required for legal planning documents on the future path.
These adults may make a Representation Agreement Section 7 (RA7) – they are capable based on a different standard.

For example: Mary’s dementia has progressed. She now requires support from her spouse with daily living activities and with decision-making.

Her spouse does not have all the authority needed to help Mary.
Mary needs help today and she will also need ongoing support in the future.

If someone’s mental capability is currently in question, they may make a Representation Agreement Section 7 (RA7).

The Representation Agreement Act has a different view of capability for Agreements under Section 7.

There is NO specific standard that everyone has to meet.

Need personal planning help today

NOTE: Other provinces and countries have ONE PATH – the traditional ‘future’ path.

Some countries have come to learn more about the BC Representation Agreement but to our understanding, they have not created a legal alternative to guardianship for ALL adults like BC’s Representation Agreement Section 7 (RA7).

Alberta

Nidus is not an expert on the details of Alberta’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

This graphic is intended to show the legal documents in your jurisdiction. It is not legal advice. You need to check your provincial legislation for the requirements to make these documents and the details of what is covered.

Please let us know if corrections to the graphic are needed.

personal planning in Alberta

Saskatchewan

Nidus is not an expert on the details of Saskatchewan’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphics are needed.

personal planning in Saskatchewan

Manitoba

Nidus is not an expert on the details of Manitoba’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphics are needed.

personal planning in Manitoba

Yukon

Nidus is not an expert on the details of Yukon’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphic are needed.

personal planning in the Yukon

Northwest Territories

Nidus is not an expert on the details of Northwest Territories’ legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphic are needed.

personal planning Northwest Territories

Ontario

Nidus is not an expert on the details of Ontario’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphic are needed.

personal planning in Ontario

Quebec

Nidus is not an expert on the details of Québec’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphics are needed.

personal planning in Quebec

Nunavut

Nidus is not an expert on the details of Nunavut’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphics are needed.

personal planning in Nunavut

New Brunswick

Nidus is not an expert on the details of New Brunswick’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphics are needed.

personal planning in New Brunswick

or…

personal planning in New Brunswick

*Can put authorities for all areas in one document. (Infirm Persons Act, sec. 41.)

Nova Scotia

Nidus is not an expert on the details of Nova Scotia’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphic are needed.

Personal planning in Nova Scotia

Prince Edward Island

Nidus is not an expert on the details of PEI’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphic are needed.

personal planning in PEI

Newfoundland and Labrador

Nidus is not an expert on the details of Newfoundland and Labrador’s legal tools. BC has unique aspects to our legislation due to our grassroots law reform.

Please let us know if corrections to the graphic are needed.

personal planning in Newfoundland and labrador