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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 23:49, 10 October 2022
, 23:49, 10 October 2022→b) Powers
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An adult may grant general or specific powers to an attorney in a POA. An attorney may also be permitted to exercise statutory powers to act on behalf of the adult. According to s 20 of the ''PAA'', an attorney named has the statutory power to: | An adult may grant general or specific powers to an attorney in a POA. An attorney may also be permitted to exercise statutory powers to act on behalf of the adult. According to s 20 of the ''PAA'', an attorney named has the statutory power to: | ||
* Make a gift or loan, or charitable gift, if the POA permits or certain conditions set out in the ''PAA'' are met (see below) | |||
* Receive a gift or loan, if the POA permits | |||
* Retain the services of a qualified person to assist the attorney | |||
* Change or make a beneficiary designation, in limited circumstances (see below) | |||
The scope of an attorney’s powers can be limited or expanded in the express wording of a POA. An attorney is '''exercising authority improperly''' if: | The scope of an attorney’s powers can be limited or expanded in the express wording of a POA. An attorney is '''exercising authority improperly''' if: | ||
* The attorney acts when the authority of the attorney is suspended or has ended | |||
* Or the EPOA is not in effect, is suspended, terminated or invalid | |||
==== c) Gifts, Loans and Charitable Donations ==== | ==== c) Gifts, Loans and Charitable Donations ==== | ||