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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 00:14, 25 September 2020
, 00:14, 25 September 2020→c) The Test of Capacity
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Pursuant to section 12 of the PAA, an adult is incapable of understand ing the nature and consequences of the proposed enduring power of an attorney if the adult cannot understand all of the following: | Pursuant to section 12 of the PAA, an adult is incapable of understand ing the nature and consequences of the proposed enduring power of an attorney if the adult cannot understand all of the following: | ||
(a) the property the adult has and its approximate value; | (a) the property the adult has and its approximate value;<br> | ||
(b) the obligations the adult owes to their dependants; | (b) the obligations the adult owes to their dependants;<br> | ||
(c) that the adult’s attorney will be able to do on the adult’s behalf anything in respect of the adult’s financial affairs that the adult could do if capable, except make a will, subject to the conditions and restrictions set out in the enduring power of attorney; | (c) that the adult’s attorney will be able to do on the adult’s behalf anything in respect of the adult’s financial affairs that the adult could do if capable, except make a will, subject to the conditions and restrictions set out in the enduring power of attorney;<br> | ||
(d) that, unless the attorney manages the adult’s business and property prudently, their value may decline; | (d) that, unless the attorney manages the adult’s business and property prudently, their value may decline;<br> | ||
(e) that the attorney may misuse the attorney’s authority; | (e) that the attorney may misuse the attorney’s authority;<br> | ||
(f) that the adult may, if capable, revoke the enduring power of attorney; | (f) that the adult may, if capable, revoke the enduring power of attorney;<br> | ||
any other prescribed matter. | any other prescribed matter. | ||
If an individual does not complete a POA while they are capable, and later becomes incapable of managing their financial affairs, the adult may be able to create a Representation Agreement, which has a lower test of capacity. Alternatively, a capable, interested person can apply to the court for committeeship, in order to manage the incapable adult’s affairs. | If an individual does not complete a POA while they are capable, and later becomes incapable of managing their financial affairs, the adult may be able to create a Representation Agreement, which has a lower test of capacity. Alternatively, a capable, interested person can apply to the court for committeeship, in order to manage the incapable adult’s affairs. | ||
==== d) Attorney(s) ==== | ==== d) Attorney(s) ==== | ||