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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 00:20, 25 September 2020
, 00:20, 25 September 2020→5. Changing, Revoking, or Ending a POA
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A POA will be suspended or end in the following circumstances (see s 29(2) of the ''PAA''): | A POA will be suspended or end in the following circumstances (see s 29(2) of the ''PAA''): | ||
• Death of the adult or the attorney | • Death of the adult or the attorney<br> | ||
• Bankruptcy of the adult | • Bankruptcy of the adult<br> | ||
• Court appointment of a committee | • Court appointment of a committee<br> | ||
• Revocation by the adult, who is still capable | • Revocation by the adult, who is still capable<br> | ||
• Resignation of the attorney(s) | • Resignation of the attorney(s) <br> | ||
• If the attorney is the adult’s spouse and their marriage (or marriage-like relationship) ends | • If the attorney is the adult’s spouse and their marriage (or marriage-like relationship) ends<br> | ||
• If the attorney is a corporation and that corporation dissolves | • If the attorney is a corporation and that corporation dissolves<br> | ||
• If the attorney is convicted of a prescribed offence, or an offence where the adult is the victim | • If the attorney is convicted of a prescribed offence, or an offence where the adult is the victim<br> | ||
• Per s 19.1 of the ''PPA'', a POA is suspended if the PGT becomes the statutory property guardian | • Per s 19.1 of the ''PPA'', a POA is suspended if the PGT becomes the statutory property guardian<br> | ||
Adults who are making a POA should be informed of the procedure for ending (revoking) or changing the POA. Likewise, adults should also know how an attorney may resign. In many situations, adults are unaware of their right to end a POA. As long as an adult has capacity they can revoke a POA. Details of how this is done appear below. | Adults who are making a POA should be informed of the procedure for ending (revoking) or changing the POA. Likewise, adults should also know how an attorney may resign. In many situations, adults are unaware of their right to end a POA. As long as an adult has capacity they can revoke a POA. Details of how this is done appear below. | ||
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Although the ''PAA'' does not set out how a Notice of Revocation is to be delivered to the attorney(s), it is suggested that the adult deliver it by one of the following methods: | Although the ''PAA'' does not set out how a Notice of Revocation is to be delivered to the attorney(s), it is suggested that the adult deliver it by one of the following methods: | ||
• By registered mail to the person’s last known address | • By registered mail to the person’s last known address<br> | ||
• By leaving it: | • By leaving it: <br> | ||
o With the person | o With the person<br> | ||
o At the person’s address | o At the person’s address<br> | ||
o With an adult who appears to reside with the person | o With an adult who appears to reside with the person<br> | ||
o If the person operates a business, at the business, with an employee of the person | o If the person operates a business, at the business, with an employee of the person<br> | ||
o By transmitting it by fax to the person with the number they provided for notification purposes | o By transmitting it by fax to the person with the number they provided for notification purposes<br> | ||
An adult should check if their POA lists other requirements or steps related to revoking in addition to the requirements from the legislation. | An adult should check if their POA lists other requirements or steps related to revoking in addition to the requirements from the legislation. | ||
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In addition to informing the attorney(s) in writing of the revocation, a capable adult who wishes to revoke an existing POA should: | In addition to informing the attorney(s) in writing of the revocation, a capable adult who wishes to revoke an existing POA should: | ||
• Request that the original POA be returned, if it has been given to someone | • Request that the original POA be returned, if it has been given to someone<br> | ||
• Contact all businesses, institutions, and individuals to whom the existence of the POA was known, and notify them in writing that the POA has been revoked, effective immediately, requesting that they destroy all copies of the document which they possess; | • Contact all businesses, institutions, and individuals to whom the existence of the POA was known, and notify them in writing that the POA has been revoked, effective immediately, requesting that they destroy all copies of the document which they possess; <br> | ||
• Register the revocation at the Land Title Office (only applies where the POA deals with land transactions) | • Register the revocation at the Land Title Office (only applies where the POA deals with land transactions)<br> | ||
• Inform Nidus, if the POA was registered with Nidus | • Inform Nidus, if the POA was registered with Nidus<br> | ||
==== b) Resignation of the Attorney(s) ==== | ==== b) Resignation of the Attorney(s) ==== | ||
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Even after a POA has come to an end, an attorney may not use any information gathered during the course of duties as attorney for personal or private profit. Nor can an attorney solicit customers from the adult’s business. | Even after a POA has come to an end, an attorney may not use any information gathered during the course of duties as attorney for personal or private profit. Nor can an attorney solicit customers from the adult’s business. | ||
'''Regarding POAs dealing with Land:''' a POA which authorizes the attorney to deal in land transactions for the adult will expire automatically after t'''hree years from the date of its execution''', unless it is an EPOA or the document expressly exempts itself from that requirement in s 56 of the ''LTA''. | '''Regarding POAs dealing with Land:''' a POA which authorizes the attorney to deal in land transactions for the adult will expire automatically after t'''hree years from the date of its execution''', unless it is an EPOA or the document expressly exempts itself from that requirement in s 56 of the ''LTA''. | ||
=== 6. Note on POAs For LSLAP Students === | === 6. Note on POAs For LSLAP Students === | ||