Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"

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The ‘adult’ is any adult who makes a POA to appoint an attorney to make financial decisions on their behalf.  The adult must be (PAA s10 and 12):
The ‘adult’ is any adult who makes a POA to appoint an attorney to make financial decisions on their behalf.  The adult must be (PAA s10 and 12):


• An individual who is 19 years of age or older
• An individual who is 19 years of age or older<br>
• Mentally capable of making a POA
 
• Acting voluntarily, or on their own   
• Mentally capable of making a POA<br>
 
• Acting voluntarily, or on their own <br>
   


The adult must have mental capacity at the time that the POA is signed, and must be able to understand the nature and implications of a POA.  An adult who has mental capacity has the legal right to make decisions, including the legal right to choose whether to:  
The adult must have mental capacity at the time that the POA is signed, and must be able to understand the nature and implications of a POA.  An adult who has mental capacity has the legal right to make decisions, including the legal right to choose whether to:  


• Determine the type, scope or purpose of the POA
• Determine the type, scope or purpose of the POA<br>
• Define the roles and authority of the appointed attorney(s)
 
• Provide instructions to the attorney(s)
• Define the roles and authority of the appointed attorney(s)<br>
• Express wishes, values and beliefs
• Provide instructions to the attorney(s)<br>
• Change or revoke a POA
• Express wishes, values and beliefs<br>
• Change or revoke a POA<br>


==== c) The Test of Capacity ====
==== c) The Test of Capacity ====
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