Temperature and Altitude Extremes
Tuesday: Sea level, near the Great Salt Lake, we suffer a sweltering 41 C degrees in a car with a broken air conditioner.
Wednesday: Nearly 9,000 feet above sea level, on foot in the Canadian Rockies, we endure piercing winds and hail at around zero degrees, wearing little more than we did in the desert heat the day before.
Adventure!
My words to our 23-year old daughter, a summer resident of Waterton National Park, had been: "I think we are ready for something challenging."
Don't ever say that to a fit and feisty 23 year old.
Ignoring light rain and a severe wind warning, the six of us casually threw a few snacks in our day packs, slipped on an extra layer of summer clothing, and headed up the Carthew-Alderson trail.
Waterton is known for its heavy winds, so a blustery weather warning is no small matter. As we assented the ridgeline toward the peak, the pelting hail felt like thousands of ice needles on my face and legs (Yup, I wore shorts). I worried that one of the 150 km/h gusts of wind would literally lift my 12-year-old right off her feet and over the mountain edge, so I firmly clutched her elbow, negotiating the precipice.
Shortly thereafter, a few feet away from the narrow ridgeline, an unrelenting series of gusts made walking nearly impossible. We stumbled together against the storm, huddled arm-over-arm, kneeling, praying over the howling gales. Looking up, our young adult daughter was guiding us toward a small cliff, marking the next leg of the trail.
"This way!" she yelled. "We just have to wait for a quiet spot in the storm, then climb down the ledge."
A quiet spot? Hmmm. Why didn't that statement inspire confidence? Already reduced to stumbling, linking arms, praying, the thought of negotiating that ledge during the tempest was like fighting an ice-breathing dragon with a handful of pocket lint.
Just then the fog lifted momentarily, and we could see that a gentle walk further up the back side of the mountain would lead us to an even more moderate approach down. Onward, faces down, we leaned in to the wind.
For the next hour and a half we fought through hail, ice, snow, and gusts so powerful that one blew my 210 pounds of exhausted flesh and bones right to the ground.
You Get What You ask for:
Believe it or not, the whole thing was pretty fun. Once we got through the life-threatening stuff, we were mostly in good spirits. We had asked for adventure, and got it. Six hours and over 20 kilometers later, our apologetic daughter had fulfilled our request - abundantly.
At some point in the march of life you might assign someone you trust to guide your affairs in the case of your incapacitation. If so, they will be bound by their own skill set, as well as what you instruct them in writing.
What decisions can I assign with a Power of Attorney document?
Financial and most legal decisions. This is true for both a power of attorney and an enduring power of attorney. But under the provisions of the act, the person you appoint (your attorney) cannot make medical or health care decisions for you, such as consenting to surgery or dental work. For these, you need a "representation agreement."
What is a representation agreement?
A document wherein you assign someone as your legal representative to handle your financial, legal, personal care and health care decisions, if you're unable to make them on your own.
Who can not be my representative?
A person who is paid to provide you with personal care or who is an employee of a firm providing you care, is in a conflict of interest unless that person is your child, parent or spouse.
Your representative has duties they must follow. For example, your representative must consult with you, as much as is reasonable, to determine your wishes, and thus:
Act honestly and in good faith
Take into account your current wishes, and if you're unable to express your wishes, to take into account any instructions gave while you were capable.
Keep your assets separate from their own.
Keep proper records including creating and maintaining a list of your property and liabilities.
Unless your representative is your spouse, the agreement should stipulate a monitor to help ensure that they live up to their duties.
Different types of representation agreements?
Section 7 is a limited agreement, covering uncomplicated, everyday decisions.
Section 9 is a general agreement, dealing with complex legal and health matters. A Section 9 agreement is needed for your representative to make such decisions as refusing life support if you become terminally ill.
Do you need a lawyer to make a representation agreement?
It is recommended, although not required by law. A lawyer can help you to understand the wide range of issues that arise with a representation agreement.
The foregoing is not intended as individualized legal advice. Readers should consult their own legal counsel before implementing a strategy.
Mark Ryan is an advisor in Prince George with RBC Wealth Management, Dominion Securities (member CIPF) and can be reached at [email protected].
