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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 22:37, 11 August 2023
, 22:37, 11 August 2023no edit summary
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* Has the adult received suitable independent legal advice? | * Has the adult received suitable independent legal advice? | ||
The adult should '''not''' sign a POA form without seeking legal advice. For more information on preparing documents, consult the '''Appendix''' or organisations such as Nidus Personal Planning Resource Centre and Registry. Contact information may be found in section [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)#D%7CVII.D:|VII.D: Resource Organizations]] of this chapter. | The adult should '''not''' sign a POA form without seeking legal advice. For more information on preparing documents, consult the '''Appendix''' or organisations such as Nidus Personal Planning Resource Centre and Registry. Contact information may be found in section [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)#D%7CVII.D:|'''VII.D: Resource Organizations''']] of this chapter. | ||
:'''NOTE:''' It is good practice to notify financial institutions and agents that a new POA has been made and/or that the previous POA has been revoked. This can be done in writing, with a copy of the new POA. | :'''NOTE:''' It is good practice to notify financial institutions and agents that a new POA has been made and/or that the previous POA has been revoked. This can be done in writing, with a copy of the new POA. | ||
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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 | :'''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 [https://www.bclaws.ca/civix/document/id/mo/mo/2020_m162 Ministerial Order No. 1M62]. | ||
==== 6. Changing, Revoking or Ending a Representation Agreement ==== | ==== 6. Changing, Revoking or Ending a Representation Agreement ==== | ||
An RA can be changed or revoked by the adult at any time (as long as the adult has mental capacity) (RAA s 27(1)). The adult must provide written notice to the representative(s), alternative representative(s) and the monitor. The change or revocation is effective either when written notice is given to each of these persons, or on a later date specified in the written notice (''RAA'' s 27(3.1)) | An RA can be changed or revoked by the adult at any time (as long as the adult has mental capacity) (''RAA'' s 27(1)). The adult must provide written notice to the representative(s), alternative representative(s) and the monitor. The change or revocation is effective either when written notice is given to each of these persons, or on a later date specified in the written notice (''RAA'' s 27(3.1)) | ||
An RA ends where: | An RA ends where: | ||
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If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e.g., Seniors Abuse & Information Line at 604-437-1940 or 1-866-437-1940). | If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e.g., Seniors Abuse & Information Line at 604-437-1940 or 1-866-437-1940). | ||
Students also need to remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising Lawyer about how to make a report to the appropriate authority. Refer to sections [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)|VII. A: Resource Organizations]] and [[Adult_Abuse_and_Neglect_(15:VI)|VI: Adult Abuse and Neglect]] in this chapter. | Students also need to remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising Lawyer about how to make a report to the appropriate authority. Refer to sections [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)|'''VII. A: Resource Organizations''']] and [[Adult_Abuse_and_Neglect_(15:VI)|VI: Adult Abuse and Neglect]] in this chapter. | ||
==== 9. The ''Bentley (Litigation Guardian) v Maplewood Seniors Care Society'' Case ==== | ==== 9. The ''Bentley (Litigation Guardian) v Maplewood Seniors Care Society'' Case ==== | ||