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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 23:52, 10 October 2022
, 23:52, 10 October 2022→g) Liability
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==== g) Liability ==== | ==== g) Liability ==== | ||
An attorney who acts in the course of their legal duties is not liable for any loss or damage to the adult’s financial affairs, if the attorney complies with the following (''PAA'' s 22):<br> | An attorney who acts in the course of their legal duties is not liable for any loss or damage to the adult’s financial affairs, if the attorney complies with the following (''PAA'' s 22):<br> | ||
* The statutory duties of the attorney as set out in s 19 of the ''PAA''<br> | |||
* Any directions given by the court under s 36(1)(a) of the ''PAA''<br> | |||
* Any other duty that may be imposed by law<br> | |||
To protect innocent persons from liability arising from transactions made after the POA relationship has been terminated, BC’s PAA modifies the common law regarding the effects of termination. If the attorney or a third party has acted in good faith, the PAA shifts the loss from the attorney or third parties to the adult. | To protect innocent persons from liability arising from transactions made after the POA relationship has been terminated, BC’s PAA modifies the common law regarding the effects of termination. If the attorney or a third party has acted in good faith, the PAA shifts the loss from the attorney or third parties to the adult. | ||
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Section 3 of the ''PAA'' protects the attorney from liability for acts done in good faith and in ignorance of the termination of their authority. Section 4 protects third parties who deal in good faith with the attorney, where the third party and attorney are unaware of the termination. | Section 3 of the ''PAA'' protects the attorney from liability for acts done in good faith and in ignorance of the termination of their authority. Section 4 protects third parties who deal in good faith with the attorney, where the third party and attorney are unaware of the termination. | ||
'''NOTE:''' | :'''NOTE:''' Section 57 of the ''LTA'' provides that the principal may file the termination of the agency in the Land Title Office. Filing the notice protects the principal from registration of ‘instruments’ (as defined in the ''LTA'') executed by the attorney after the termination of their authority, even though the attorney and a third party may have been ignorant of the termination. | ||
==== h) Records and Accounts ==== | ==== h) Records and Accounts ==== | ||
