Chapter Seven Resources and Appendix in Legal Issues in Residential Care
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Revision as of 21:08, 27 June 2014 by Marisa Chandler (talk | contribs) (→Table 1 Summary of Substitute Decision Making Tools)
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Table 1 Summary of Substitute Decision Making Tools[edit]
Power of Attorney | Representation Agreement | Advance Directive | Committee of Guardian | |
TSDM /General/ Enduring /Springing | Section 7/ Section 9 | Of Person/Of Estate | ||
RA7 Fin/RA7 P&HC | ||||
Does it still function if resident is incapable? | Yes (only)/ No/ Yes/ Yes | Yes/ Yes/ Yes | Yes (only) | Yes (only) / Yes (only) |
Does it cover…? | ||||
Health Decisions | Yes(only/ No/ No/ No/ No | No/ Yes(ii)/ Yes (iii) | Yes/ Yes | No |
Personal Care | No/ No/ No/ No | No/ Yes/ Yes(iii) | No | Yes/ No |
Finances | No/ Yes/ Yes/ Yes/ | Yes(iv)/ No/ No (v) | No | No/ Yes
|
Legal | No/ May(i)/ Yes/ Yes | Yes/ No/ No | No/ | No/ Yes |
(i) If specified, or if needed to carry out duties (ii) Major and minor, but certain exclusions (iii) As specified in document (iv) Routine finances, if specified (v) Cover by add enduring power of attorney.
Other Resources[edit]
POWER OF ATTORNEY, ENDURING POWER OF ATTORNEY, AND REPRESENTATION AGREEMENTS[edit]
For more information about these documents and arrangements see:
- Information for Temporary Substitute Decisionmakers Authorized by the Public Guardian and Trustee. [Public Guardian and Trustee]
- Power of Attorney and Representation Agreements [Canadian Bar Association's BC Branch]
- Incapacity Planning: Representation Agreements and Enduring Powers of Attorney [BC Ministry of Justice]
- Nidus Personal Planning Resource Centre and Registry [ a Voluntary Registry System for Representation Agreements, also provides information on Representation Agreements]
- It’s Your Choice: Personal Planning Tools (PDF) from the Public Guardian and Trustee of B.C.
- Enduring Power of Attorney Form
- The Public Guardian and Trustee of British Columbia offers detailed information on powers of attorney, representation agreements and court orders appointing a committee to look after the affairs of a person who is mentally incapable.
Website: www.trustee.bc.ca
- The British Columbia provincial government’s website provides information on incapacity planning and the forms that can be used at www.ag.gov.bc.ca/incapacity-planning.
UNDUE INFLUENCE[edit]
For a useful legal practice tool about undue influence, see BC Law Institute. Undue Influence Reference Aid. This is a 4 page chart that can be found in the Appendix of “Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide.” (2011). BCLI Report No. 61. Online: http://www.bcli.org/project/project-potential-undue-influence-recommended-practices-wills-practitioners (Last accessed June 26,2014)
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014. |