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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 23:59, 10 October 2022
, 23:59, 10 October 2022→6. Note on POAs For LSLAP Students
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When a client approaches LSLAP for assistance with creating a POA, the following a series of questions should be asked to ascertain the kind of POA that would best suit the needs of the client without putting the person at risk of being taken advantage of: | When a client approaches LSLAP for assistance with creating a POA, the following a series of questions should be asked to ascertain the kind of POA that would best suit the needs of the client without putting the person at risk of being taken advantage of: | ||
1. Is the client (mentally) capable, in the view of the clinician, of granting a POA? The presumption is that all adults are capable. The general test is the ability to understand and appreciate the meaning of what they are trying to do in each particular case. Warning signs of temporary or ongoing incapacity can include the following (bear in mind the list below is not comprehensive and the indicators below do not necessarily indicate incapacity): | |||
* Sudden confusion, short term memory problems, disorientation | * Sudden confusion, short term memory problems, disorientation | ||
* Signs of depression | * Signs of depression | ||
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Refer to BCLI Guide on Undue Influence for a full checklist at: | Refer to BCLI Guide on Undue Influence for a full checklist at: | ||
http://www.bcli.org/sites/default/files/undue%20influence_guide_final_cip.pdf | http://www.bcli.org/sites/default/files/undue%20influence_guide_final_cip.pdf | ||
2. Why does the client want a POA? | |||
3. For what purpose does the client require someone else to manage their financial affairs? | 3. For what purpose does the client require someone else to manage their financial affairs? | ||
4. Does the client need to authorize broad powers, or can powers be narrowly defined and still meet the needs of the client? | 4. Does the client need to authorize broad powers, or can powers be narrowly defined and still meet the needs of the client? | ||
5. What tasks does the attorney need to be authorized to do to meet the client’s needs? | 5. What tasks does the attorney need to be authorized to do to meet the client’s needs? | ||
6. When does the POA need to start? | 6. When does the POA need to start? | ||
7. Is it appropriate for the POA to have a built-in expiration date? | 7. Is it appropriate for the POA to have a built-in expiration date? | ||
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: | ||