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

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==== a) Duties ====
==== a) Duties ====
The primary responsibility of an attorney is to act in accordance with the adult’s instructions, wishes, beliefs and values.  The ''PAA'' explicitly sets out a number of statutory duties and powers.  According to s 19(1) of the ''PAA'', an attorney must:
The primary responsibility of an attorney is to act in accordance with the adult’s instructions, wishes, beliefs and values.  The ''PAA'' explicitly sets out a number of statutory duties and powers.  According to s 19(1) of the ''PAA'', an attorney must:
• Act honestly and in good faith<br>
• Act honestly and in good faith
• Exercise the care, diligence and skill of a reasonably prudent person<br>
• Exercise the care, diligence and skill of a reasonably prudent person
• Act within the authority given in the POA<br>
• Act within the authority given in the POA
• Keep prescribed records and produce these records for inspection and copying upon request <br>
• Keep prescribed records and produce these records for inspection and copying upon request  
 
 
An attorney must act in the adult’s best interest, taking into account the adult’s current wishes, known beliefs and values and explicit directions in the POA (''PAA'' s 19(2)).  Where reasonable, an attorney must give priority to meeting the personal care and health care needs of the adult, foster the independence of the adult, and encourage the adult’s involvement in any decision-making (''PAA'' s 19(3)).  
An attorney must act in the adult’s best interest, taking into account the adult’s current wishes, known beliefs and values and explicit directions in the POA (''PAA'' s 19(2)).  Where reasonable, an attorney must give priority to meeting the personal care and health care needs of the adult, foster the independence of the adult, and encourage the adult’s involvement in any decision-making (''PAA'' s 19(3)).  
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Concerning the adult’s personal property and real property, an attorney must keep the adult’s property separate from their own property (PAA s 19(4)).  If the property is jointly owned by the adult and the attorney as joint tenants, or has been substituted for, or derived from, property owned as joint tenants, an attorney must also:
Concerning the adult’s personal property and real property, an attorney must keep the adult’s property separate from their own property (PAA s 19(4)).  If the property is jointly owned by the adult and the attorney as joint tenants, or has been substituted for, or derived from, property owned as joint tenants, an attorney must also:


• Only invest the adult’s property in accordance with the ''Trustee Act'', RSBC 1996, c 464 [''TA'']<br>
• Only invest the adult’s property in accordance with the ''Trustee Act'', RSBC 1996, c 464 [''TA'']
• '''Not''' dispose of property that is subject to a specific testamentary gift in an adult’s will<br>
• '''Not''' dispose of property that is subject to a specific testamentary gift in an adult’s will
• Keep the adult’s personal effects at the disposal of the adult<br>
• Keep the adult’s personal effects at the disposal of the adult


If an EPOA explicitly says that an attorney will be exempt from these provisions, then the attorney is not legally obligated to fulfill these duties.
If an EPOA explicitly says that an attorney will be exempt from these provisions, then the attorney is not legally obligated to fulfill these duties.  


==== b) Powers ====
==== b) Powers ====
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