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

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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>
* 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?  
* 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 used for a limited time only?
Does the adult want the POA to be in effect immediately or only when they become incapable?  
* Does the adult want the POA to be in effect immediately or only when they become incapable?  
How will incapacity be decided?  
* How will incapacity be decided?  
Do the adult’s powers terminate if and when the adult becomes incapable?
* 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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