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Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 22:33, 11 August 2023
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 11, 2023}} | ||
{{LSLAP Manual TOC|expanded = guardianship}} | {{LSLAP Manual TOC|expanded = guardianship}} | ||
For a brief overview of multiple legal instruments for substitute decision making, please visit Public Guardian and Trustee of British Columbia guide It’s Your Choice: Personal Planning Tools which can be found at https://www.trustee.bc.ca/documents/STA/It%27s_Your_Choice-Personal_Planning_Tools.pdf. The guide offers the following table which summarizes key characteristics of each legal instrument for substitute decision making: | For a brief overview of multiple legal instruments for substitute decision making, please visit Public Guardian and Trustee of British Columbia guide It’s Your Choice: Personal Planning Tools which can be found at https://www.trustee.bc.ca/documents/STA/It%27s_Your_Choice-Personal_Planning_Tools.pdf. The guide offers the following table which summarizes key characteristics of each legal instrument for substitute decision making: | ||
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:* Exception: if the individual is a child, parent or spouse of the adult, in which case they may be named as attorney<br> | :* Exception: if the individual is a child, parent or spouse of the adult, in which case they may be named as attorney<br> | ||
* The Public Guardian and Trustee<br> | * The Public Guardian and Trustee<br> | ||
* A financial institution authorized to carry on trust business under the Financial Institutions Act, RSBC 1996, c 141 [FIA].<br> | * A financial institution authorized to carry on trust business under the ''Financial Institutions Act'', RSBC 1996, c 141 [''FIA''].<br> | ||
More than one person can act as an attorney. An adult who names more than one attorney may assign each a different area of authority, or all or part of the same area of authority (PAA s 18(4)). The adult might prefer to define distinct roles for each attorney (i.e. appoint one as the attorney for certain transactions, such as personal banking and a second individual as their attorney over different matters, such as property). The POA should be clear about the roles and responsibilities of each attorney and whether or not unanimous consent is necessary in each type of transaction. | More than one person can act as an attorney. An adult who names more than one attorney may assign each a different area of authority, or all or part of the same area of authority (PAA s 18(4)). The adult might prefer to define distinct roles for each attorney (i.e. appoint one as the attorney for certain transactions, such as personal banking and a second individual as their attorney over different matters, such as property). The POA should be clear about the roles and responsibilities of each attorney and whether or not unanimous consent is necessary in each type of transaction. | ||
