5,109
edits
Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
Jump to navigation
Jump to search
Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 00:21, 25 September 2020
, 00:21, 25 September 2020→6. Note on POAs For LSLAP Students
| Line 363: | Line 363: | ||
8. Has the client thought about who they wish to appoint as attorney(s)? | 8. Has the client thought about who they wish to appoint as attorney(s)? | ||
It may be helpful for students to provide information or guidance to clients on who the client should appoint as attorney, to reduce the risk of financial abuse, based on the following considerations: | It may be helpful for students to provide information or guidance to clients on who the client should appoint as attorney, to reduce the risk of financial abuse, based on the following considerations:<br> | ||
• Appoint someone who will respect the client’s unique values and interests <br> | • Appoint someone who will respect the client’s unique values and interests <br> | ||
• Appoint someone who is familiar with the duties and limitations of the role of attorney, or who will take the time and initiative to become educated about them<br> | • Appoint someone who is familiar with the duties and limitations of the role of attorney, or who will take the time and initiative to become educated about them<br> | ||
| Line 369: | Line 369: | ||
• A spouse is not always the best choice – a partner could be in a situation of crisis when the older adult becomes incapable and the client should consider whether it is best for the partner to take on the additional responsibility at such a difficult time. <br> | • A spouse is not always the best choice – a partner could be in a situation of crisis when the older adult becomes incapable and the client should consider whether it is best for the partner to take on the additional responsibility at such a difficult time. <br> | ||
• Appointing more than one attorney could create practical problems. For example, appointing all of the client’s children can create a situation of conflict where it may be challenging for the children to come to an agreement. Having two attorneys under a joint power of attorney can also make it harder to make decisions quickly as consultation and discussion will be required to make any decision. Nonetheless, multiple attorneys can be appropriate in some contexts. <br> | • Appointing more than one attorney could create practical problems. For example, appointing all of the client’s children can create a situation of conflict where it may be challenging for the children to come to an agreement. Having two attorneys under a joint power of attorney can also make it harder to make decisions quickly as consultation and discussion will be required to make any decision. Nonetheless, multiple attorneys can be appropriate in some contexts. <br> | ||
Students should confer with their Supervising Lawyer if there is any doubt that the client understands and appreciates the POA. Also note that an adult should not be required to have a POA as a condition of receiving any good or services, such as residence in an assisted living or community care facility. | Students should confer with their Supervising Lawyer if there is any doubt that the client understands and appreciates the POA. Also note that an adult should not be required to have a POA as a condition of receiving any good or services, such as residence in an assisted living or community care facility. | ||