2,734
edits
Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
From Clicklaw Wikibooks
Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 23:09, 10 October 2022
, 23:09, 10 October 2022→b) Who can Appoint and Revoke an Attorney
| Line 37: | Line 37: | ||
The "adult" is any adult who makes a POA to appoint an attorney to make financial decisions on their behalf. The adult must be (''PAA'' s10 and 12): | The "adult" is any adult who makes a POA to appoint an attorney to make financial decisions on their behalf. The adult must be (''PAA'' s10 and 12): | ||
* An individual who is 19 years of age or older<br> | |||
* Mentally capable of making a POA<br> | |||
* Acting voluntarily, or on their own <br> | |||
The adult must have mental capacity at the time that the POA is signed, and must be able to understand the nature and implications of a POA. An adult who has mental capacity has the legal right to make decisions, including the legal right to choose whether to: | The adult must have mental capacity at the time that the POA is signed, and must be able to understand the nature and implications of a POA. An adult who has mental capacity has the legal right to make decisions, including the legal right to choose whether to: | ||
* Determine the type, scope or purpose of the POA<br> | |||
* Define the roles and authority of the appointed attorney(s)<br> | |||
* Provide instructions to the attorney(s)<br> | |||
* Express wishes, values and beliefs<br> | |||
* Change or revoke a POA<br> | |||
==== c) The Test of Capacity ==== | ==== c) The Test of Capacity ==== | ||
