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All of us have heard stories of elderly people being defrauded in their sunset years by unscrupulous relatives with a "power of attorney" in hand. These documents permitted the relative to "sign for" the elderly person as effectively as that person could have signed. Unfortunately no court or other supervision was exercised with resulting abuse in some jurisdictions.

Quebec law historically has been unreceptive (except for federally incorporated banks) to such instruments, unlike the English-speaking provinces and the U.S. Quebec prefers a court-appointed and notary-dominated curatorship, with its attendant formalism and costs, which offers little more protection against abuse.

In 1990 Quebec law was changed, in response to the seniors' lobby, largely to permit everyone to choose their own administrator before incapacity strikes, rather than having the choice imposed by their family, their notary or the court. In addition, "living will" elements could be added to deal with issues such as medical treatment and physical care and custody, should it become required.

These measures make a lot of sense for seniors. The spouses of seniors are often elderly and unable or unprepared to deal with complex business. Some fear that children with power of attorney will become more concerned with inheritances than with the comfort of their charges who still hold property. Health can be uncertain, too, and even younger people might well consider a power of attorney because incapacity can strike anyone, anywhere (e.g. motor accident, heart attack, stress, etc.).

Spouses can be unprepared to manage business assets alone, especially when raising a family or tending to a sick spouse. If minors are involved, it is not always clear that important assets can be efficiently handled. Power of attorney can, and does, build in "checking up" features for the spouse and children. Administration costs are generally lower than with the notary or court-administered system.

The older system of curatorship still remains in the laws to provide for situations of no powers of attorney or incomplete or unprotective ones, but a properly drafted document should exclude any need to resort to that outmoded system.

Spouses should not be forgotten. Although traditionally some wives did not have significant assets, their ownership of business assets, houses and RRSP assets today is widespread and can be key to the successful family or retirement income of the other spouse and of the other members of the family.

Here are the basics of such a document. In writing, before two independent witnesses who are not the administrators, define who has what powers as in a will, but adding powers concerning physical custody and health. Set up adequate checks and balances, including reports to other "friends," and provide funding for your care. See a lawyer. Most have very complete standard forms and charge modest amounts (under $350 per couple) unless complications arise.

For when incapacity does strike, make sure your administrator has a copy of the power of attorney. He will need to file papers in court, but the procedure will generally be quick and not costly. The last and maybe most important rule is that you can change your mind at any time and change your wishes and administrators.

Although such instruments have been permitted only since 1990, many Quebecers have already executed them, as it is inconceivable that a reasonable person would want his estate to be well-planned, but neglect the clearly foreseeable event of being unable to look after things fully during his lifetime.

Ironically, your power of attorney may be much more important to you personally than your will as your own personal care and even how you will die may well be governed by it.