2,734
edits
Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
From Clicklaw Wikibooks
Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 23:51, 10 October 2022
, 23:51, 10 October 2022→d) Creating a Will and Designating Beneficiaries
| Line 234: | Line 234: | ||
An attorney is also '''not allowed to dispose of property''' that is designated as a testamentary gift in the adult’s will. Section 19(3)(d) of the ''PAA'' provides an exception to this only where the disposition is necessary to comply with the attorney’s duties. According to s 20(5), an attorney is allowed to change a beneficiary designation, in an instrument other than a will, in very limited circumstances set out in s 20(5)(b) of the ''PAA'', including: | An attorney is also '''not allowed to dispose of property''' that is designated as a testamentary gift in the adult’s will. Section 19(3)(d) of the ''PAA'' provides an exception to this only where the disposition is necessary to comply with the attorney’s duties. According to s 20(5), an attorney is allowed to change a beneficiary designation, in an instrument other than a will, in very limited circumstances set out in s 20(5)(b) of the ''PAA'', including: | ||
* A change to a beneficiary designation if the court authorizes the change<br> | |||
* The creation of a new beneficiary designation if the designation is made in<br> | |||
:* An instrument that is renewing, replacing or converting a similar instrument made by the capable adult, and the designated beneficiary remains the same<br> | |||
:* A new instrument that is not renewing, replacing or converting a similar instrument made by the capable adult, and the newly designated beneficiary is the adult’s estate<br> | |||
==== e) Deeds ==== | ==== e) Deeds ==== | ||
