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Difference between revisions of "Representation Agreements (15:V)"
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Representation Agreements (15:V) (view source)
Revision as of 00:24, 13 August 2017
, 00:24, 13 August 2017→2. Section 9 Representation Agreements
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SSection 9 RAs designate a substitute decision-maker for significant and sometimes very personal or more controversial health or personal care decisions. Under this section, representatives can do anything that the representative considers necessary in relation to the personal care or the health care of the adult, including: | SSection 9 RAs designate a substitute decision-maker for significant and sometimes very personal or more controversial health or personal care decisions. Under this section, representatives can do anything that the representative considers necessary in relation to the personal care or the health care of the adult, including: | ||
* where the adult is to live and with whom, including whether the adult should live in a care facility; | *where the adult is to live and with whom, including whether the adult should live in a care facility; | ||
* whether the adult should work and, if so, the type of work, the employer, and any related matters; | * whether the adult should work and, if so, the type of work, the employer, and any related matters; | ||
* whether the adult should participate in any educational, social, vocational or other activity; | * whether the adult should participate in any educational, social, vocational or other activity; | ||
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The creation of a s 9 RA no longer requires the services of a lawyer. However, careful attention should be paid to the requirements and powers given under s 7 and s 9 RAs to determine which one best suits the needs of the Adult. | The creation of a s 9 RA no longer requires the services of a lawyer. However, careful attention should be paid to the requirements and powers given under s 7 and s 9 RAs to determine which one best suits the needs of the Adult. | ||
Prior to September 2011, a s 9 RA could include broad financial powers, equivalent to those given in a POA. The new PAA says this broad authority in an RA is now treated as if it were an enduring POA, and the Representative must follow the requirements under the PAA to use these powers (s 44. 2 Transitional Provision). | Prior to September 2011, a s 9 RA could include broad financial powers, equivalent to those given in a POA. The new PAA says this broad authority in an RA is now treated as if it were an enduring POA, and the Representative must follow the requirements under the PAA to use these powers (s 44. 2 Transitional Provision). | ||
=== 3. Note on Medical Assistance in Dying === | === 3. Note on Medical Assistance in Dying === | ||
