Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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If an adult has a s 7 RA which authorizes their representative to make routine financial decisions, the adult MUST appoint a monitor to oversee their chosen representative unless: | If an adult has a s 7 RA which authorizes their representative to make routine financial decisions, the adult MUST appoint a monitor to oversee their chosen representative unless: | ||
a) The representative is the adult’s spouse, the PGT, a trust company or a credit union, or<br> | :(a) The representative is the adult’s spouse, the PGT, a trust company or a credit union, or<br> | ||
:(b) The adult has appointed two representatives who must act unanimously (RAA s 12(1)). | |||
b) The adult has appointed two representatives who must act unanimously (RAA s 12(1)). | |||
Failure to comply with this requirement will make the provision of the RA authorizing the representative to make routine financial decisions invalid (RAA s 12(2)). | Failure to comply with this requirement will make the provision of the RA authorizing the representative to make routine financial decisions invalid (RAA s 12(2)). | ||
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A monitor must be 19 years or older and must be willing and able to perform the duties and to exercise the powers of a monitor (RAA s 12(4)). An individual named in a representation agreement as a monitor must complete a Monitor's Certificate (RAA s 12(5)). | A monitor must be 19 years or older and must be willing and able to perform the duties and to exercise the powers of a monitor (RAA s 12(4)). An individual named in a representation agreement as a monitor must complete a Monitor's Certificate (RAA s 12(5)). | ||
A monitor may resign by giving written notice to the adult, each representative and any alternate representatives. The resignation will be effective upon giving notice or at a later date specified in the written notice (RAA s 12(6)). See s 12 of the RAA for general provisions regarding the appointment and resignation of a monitor. | A monitor may resign by giving written notice to the adult, each representative and any alternate representatives. The resignation will be effective upon giving notice or at a later date specified in the written notice (RAA s 12(6)). See s 12 of the RAA for general provisions regarding the appointment and resignation of a monitor. | ||
==== b) Duties and Powers ==== | ==== b) Duties and Powers ==== | ||