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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 00:16, 11 October 2022
, 00:16, 11 October 2022→2. Who Can Be a Representative
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Prior to September 2011, a s 9 RA could include broad financial powers, equivalent to those given in a POA. The new ''PAA'' says this broad authority in an RA is now treated as if it were an enduring POA, and the representative must follow the requirements under the PAA to use these powers (s 44. 2 Transitional Provision of the ''PAA''). | Prior to September 2011, a s 9 RA could include broad financial powers, equivalent to those given in a POA. The new ''PAA'' says this broad authority in an RA is now treated as if it were an enduring POA, and the representative must follow the requirements under the PAA to use these powers (s 44. 2 Transitional Provision of the ''PAA''). | ||
=== 2. Who Can Be a Representative === | === 2. Who Can Be a Representative? === | ||
Section 5(1)(a) of the RAA specifies that an individual who is 19 years of age or older can be appointed as representative unless that person is: | Section 5(1)(a) of the RAA specifies that an individual who is 19 years of age or older can be appointed as representative unless that person is: | ||
* providing personal care or health care services to the adult for compensation, unless the caregiver is a child, parent, or spouse of the adult, or;<br> | |||
* working as an employee of a facility in which the adult resides and through which the adult receives personal care or health care services. | |||
The PGT can also be named as a representative. | The PGT can also be named as a representative. | ||
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Under s 5(2) of the RAA, an adult can also name more than one Representative either: | Under s 5(2) of the RAA, an adult can also name more than one Representative either: | ||
a) over different areas of authority; and/or<br> | :(a) over different areas of authority; and/or<br> | ||
:(b) over the same area of authority, in which case, the representatives must be unanimous in exercising their authority. | |||
b) over the same area of authority, in which case, the representatives must be unanimous in exercising their authority. | |||
RAA s 5(4) requires that all representatives for RAs made under s 7 complete a certificate in the prescribed form. | RAA s 5(4) requires that all representatives for RAs made under s 7 complete a certificate in the prescribed form. | ||
=== 3. Acting As a Representative === | === 3. Acting As a Representative === | ||
