Substitute Decision Making for Adult Guardianship (15:IV): Difference between revisions
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 00:20, 3 September 2024
, 3 September 2024→a) Formalities
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* Signed and dated by the attorney(s) who agree to act in the presence of two witnesses (unless one witness is a lawyer or a notary)<br> | * Signed and dated by the attorney(s) who agree to act in the presence of two witnesses (unless one witness is a lawyer or a notary)<br> | ||
A new POA will need to be signed by both the adult and the attorney(s). These signatures do not need to be in each other’s presence. In other words, the attorney and adult may sign the document separately. However, these signatures must each be witnessed by two capable adults (unless one witness is a lawyer or notary). | A new POA will need to be signed by both the adult and the attorney(s). These signatures do not need to be in each other’s presence. In other words, the attorney and adult may sign the document separately. However, these signatures must each be witnessed by two capable adults (unless one witness is a lawyer or notary). | ||
Under PAA s 16(2), an EPOA may be signed by another (who is not themselves a witness or someone excluded under PAA subsection s 16(6)) on behalf of the adult provided that the adult is physically incapable, present, and capable of directing the signing. | |||
**Note: While this section exists, caution must always be exercised when another person is signing the EPOA on behalf of the adult to ensure that the adult has enough knowledge and capacity to actually direct the signing. This section is an exception to the general rule. As such, concerns about duress and undue influence are elevated in these circumstances. | |||
As of September 1, 2011, an attorney must sign an EPOA in the presence of two witnesses before assuming their authority (''PAA'' s 17). If a person who is named as an attorney does not sign the POA, then the person is not required or legally able to act as an attorney. If a person named as attorney does not sign, the authority of any other named attorney is not affected (unless the POA states otherwise). | As of September 1, 2011, an attorney must sign an EPOA in the presence of two witnesses before assuming their authority (''PAA'' s 17). If a person who is named as an attorney does not sign the POA, then the person is not required or legally able to act as an attorney. If a person named as attorney does not sign, the authority of any other named attorney is not affected (unless the POA states otherwise). |