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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 00:22, 11 October 2022
, 00:22, 11 October 2022→5. Creating a Representation Agreement
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Witnesses cannot be (RAA s 13(5)): | Witnesses cannot be (RAA s 13(5)): | ||
* One of the representatives | |||
* An alternate representative | |||
* A spouse, child, or parent of anyone named in the RA as a representative or alternate representative | |||
* An employee or agent of a representative or alternate representative | |||
* Anyone under 19 years of age | |||
* Anyone who does not understand the type of communication used by the adult who wishes to be represented | |||
Each representative and each witness for a s 7 RA must also complete a certificate in the prescribed form (RAA s 13(1.1) and s 13(6)). Please consult the Nidus Personal Planning Resource Centre for more information about prescribed forms. | Each representative and each witness for a s 7 RA must also complete a certificate in the prescribed form (RAA s 13(1.1) and s 13(6)). Please consult the Nidus Personal Planning Resource Centre for more information about prescribed forms. | ||
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For more information on preparing documents, consult organisations such as Nidus Personal Planning Resource Centre and Registry. | For more information on preparing documents, consult organisations such as Nidus Personal Planning Resource Centre and Registry. | ||
'''NOTE:''' These formalities for a RA to be considered valid may be temporarily altered in extenuating circumstances. On May 19, 2020, the Minister of Public Safety and Solicitor General, under the authority of the Emergency Program Act, temporarily suspended these rigid requirements in a Ministerial Order, in order to accommodate for the public health and safety concerns in the wake of the COVID-19 pandemic. Under this Ministerial Order, ‘electronic presence’ may be enough to fulfill the formal requirements for ensuring the validity of a POA or RA when British Columbia is declared to be in a ‘state of emergency’. For more information, see Ministerial Order No. 1M62: https://www.bclaws.ca/civix/document/id/mo/mo/2020_m162. | :'''NOTE:''' These formalities for a RA to be considered valid may be temporarily altered in extenuating circumstances. On May 19, 2020, the Minister of Public Safety and Solicitor General, under the authority of the Emergency Program Act, temporarily suspended these rigid requirements in a Ministerial Order, in order to accommodate for the public health and safety concerns in the wake of the COVID-19 pandemic. Under this Ministerial Order, ‘electronic presence’ may be enough to fulfill the formal requirements for ensuring the validity of a POA or RA when British Columbia is declared to be in a ‘state of emergency’. For more information, see Ministerial Order No. 1M62: https://www.bclaws.ca/civix/document/id/mo/mo/2020_m162. | ||
==== 6. Changing, Revoking or Ending a Representation Agreement ==== | ==== 6. Changing, Revoking or Ending a Representation Agreement ==== | ||