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There are two types of POAs. It is important to find out which type of POA would best suit the adult’s needs. The first is governed by Part 1 of the PAA, and is sometimes called a “General POA.” The second is governed by Parts 2 and 3 of the PAA, and is sometimes called an “Enduring POA.” The key difference between the two is that a POA under Part 1 ends once the adult becomes incapable, while a POA under Parts 2 and 3 continues even when the adult becomes incapable. Questions to ask include: | There are two types of POAs. It is important to find out which type of POA would best suit the adult’s needs. The first is governed by Part 1 of the PAA, and is sometimes called a “General POA.” The second is governed by Parts 2 and 3 of the PAA, and is sometimes called an “Enduring POA.” The key difference between the two is that a POA under Part 1 ends once the adult becomes incapable, while a POA under Parts 2 and 3 continues even when the adult becomes incapable. Questions to ask include: | ||
* 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? | |||
The two types of POA are as follows: | The two types of POA are as follows: |
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