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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 15:21, 17 September 2020
, 15:21, 17 September 2020→1. Overview of Power of Attorney
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For more information on the role of the PGT in general, please visit BC’s PGT website: https://www.trustee.bc.ca/Pages/default.aspx. | For more information on the role of the PGT in general, please visit BC’s PGT website: https://www.trustee.bc.ca/Pages/default.aspx. | ||
=== | === 2. Creating a Power of Attorney === | ||
The most important aspect of drafting a POA is to ensure that the document accurately reflects the adult’s specific wishes. Questions to ask include: | |||
• What does the adult want to do? | |||
• Does the adult have capacity to make this POA? | |||
• Does the adult understand the nature of this POA? | |||
• Does the adult understand the potential legal impact of this POA? | |||
• Has the adult received suitable independent legal advice? | |||
• What type of authority does the attorney need? | |||
• Does the adult want to limit the attorney’s authority? | |||
• When should the POA be in effect (i.e. ongoing or limited)? | |||
• Has the adult created other POAs? | |||
Any adult can draft a POA. However, it is advisable to consult a lawyer or notary prior to finalizing a POA. Independent legal advice will help ensure the POA only grants an attorney the powers and authority that the adult wants to give. | |||
An adult with capacity is free to choose to sign a POA or not. It is important to be aware of situations where a person may be putting undue pressure (including physical, financial or emotional threats, manipulation or coercion) on the adult. For more information, refer to the discussion of undue influence below in section VIII: Adult Abuse and Neglect in this chapter. Also refer to the BCLI guide on Undue Influence, which is helpful for understanding the dynamics surrounding undue influence in relation to other legal documents like POAs. The Guide can be found at | |||
http://www. lawsociety. bc. ca/docs/practice/resources/guide-wills. pdf. | |||
{{REVIEWED LSLAP | date= June 21, 2019}} | {{REVIEWED LSLAP | date= June 21, 2019}} | ||
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