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Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 23:12, 10 October 2022
, 23:12, 10 October 2022→d) Attorney(s)
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According to s 18(5) of the PAA, where an adult appoints multiple attorneys for all or part of the same area of authority, the attorneys must act unanimously in exercising their authority. The exception to this rule is where the adult specifically does the following in the POA: | According to s 18(5) of the PAA, where an adult appoints multiple attorneys for all or part of the same area of authority, the attorneys must act unanimously in exercising their authority. The exception to this rule is where the adult specifically does the following in the POA: | ||
* Describes circumstances where the attorneys do not have to act unanimously <br> | |||
* Sets out how a conflict between attorneys is to be resolved<br> | |||
* Authorizes an attorney to act only as an alternate and sets out: <br> | |||
::(i) The circumstances in which the alternate is authorized to act in place of the attorney, for example, if the attorney is unwilling to act, dies or is for any other reason unable to act, and <br> | |||
::(ii) The limits or conditions if any, on the exercise of authority by the alternate.<br> | |||
Where a POA appoints two or more attorneys to act for an adult, all the attorneys will need to be in agreement regarding decisions made for the adult, '''unless otherwise specified in the POA'''. | Where a POA appoints two or more attorneys to act for an adult, all the attorneys will need to be in agreement regarding decisions made for the adult, '''unless otherwise specified in the POA'''. | ||