Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"

• What tasks does the adult want the attorney to be able to perform?<br>

• When does the adult want the attorney to begin to act?  

• Does the adult want the POA to be used for a limited time only?

• Does the adult want the POA to be in effect immediately or only when they become incapable?  

• How will incapacity be decided?  

• Do the adult’s powers terminate if and when the adult becomes incapable?

# '''General:''' General POAs are governed by Part 1 of the ''PAA'', and by common law for agency relationships.  They are effective immediately, or as specified on the document, and ongoing until the loss of capacity, revocation or death.  The test for capacity for making general POAs can be found in the BCLI’s Report on Common Law Test of Capacity: http://www.bcli.org/wordpress/wp-content/uploads/2013/09/2013-09-24_BCLI_Report_on_Common-law_Tests_of_Capacity_FINAL. General POAs are rarely used in incapacity planning, as they become no longer in effect when an adult becomes incapable (which is often when a POA is most needed).  

# '''Enduring:''' Enduring POAs (EPOAs) are governed by Parts 2 and 3 of the PAA.  Enduring POAs continue in the event that the adult loses capacity, and only ends upon revocation or death. These are the most common type of POA, they allow the attorney to act while the adult is capable and continue when/if the adult becomes incapable. </br>

EPOAs can be effective immediately, or “springing.” A “springing” EPOA stays dormant until a future date or event (i.e. the loss of capacity) and ends only upon death.  The adult can decide in advance how capacity is to be determined, such as by requiring the agreement of a family member and two doctors.  A springing EPOA is not active until the adult loses capacity.