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HomeMy WebLinkAboutThe Wingham Advance Times, 1995-06-14, Page 3w 10011. it ma THE "WHAM ADVANCE- MMES Substitute Decisions Act can designate authority Continued from front page to give a pow r of attorney — a document in tgffiting — allowing another individual or group of in- dividuals to act, on his or her be- half to a general or specific act of that individual. Byerley said this is not a new concept. He said that the power of attorney act was amended in 1979 to allow for a durable or continu- ing power of attorney. Byerley said this remains in force and in full effect, notwithstanding the subsequent mental incapacity of the person granting the power of attorney. He said that before 1979 if the person granting a power of attor- ney became mentally incapable, then the power of attorney ended, which is usually when the majori- ty of people really needed a power of attorney. Byerley said that under the Sub- stitute Decisions Act, one of the two powers of attorney the act deals with is a continuing power of attorney, which deals with what happens after the grantor of the power of attorney is no longer mentally capable of making his own decisions, or looking after his property or business. He said that there is no actual mandatory form for a power of at- torney, but there is a suggested form. "You can still have your custom made power of attorney as you've always had," said Byerley. He noted that a specific power of attorney is limited to just one thing such as selling a house if a person has to be away at the time of the sale, and once the house has been sold, the power of attorney ends. A general power of attorney en- ables one person or a group of people to do a number of things, specified or non-specified under the act. "Under the new Substitute deci- sions Act the format of the power of attorney and the way it's execut- ed has been changed," said Byer- ley. He said that until now a power of attorney in writing only re- quired one witness. Under . the Substitute Decisions Act, a power of attorney in writing requires two witnesses, making it similar to a will. Health Unit • issues warning Cheese unfit; contains high bacteria levels By HEATHER MIR Special to the Advance -Times CLINTON - The Huron County Health Unit has issued a warning about cheese from an unlicensed source which ..may be offered for sale in Huron County. and other are- as of the London/Middlesex region. The notice alerts the public not to purchase or consume any cheese product under the following prod- uct descriptions from vendors: * Crema Los Tres Hemanos, a White creamy cheese in a 500 ml clear plastic container with a snap - on lid. May not be labelled. * Cheese white in color, similar to dry cottage cheese in a beige - brown colored "take-out" styro- foam container, wrapped in cello- phane. * Block cheese (hard, white cheese)• crumbles easily, wrapped in clear cellophane or clear plastic bags. The above noted products may contain high levels of bacteria ren- dering them unfit for human con- sumption, according to the Health Unit. Klaus Seeger of the Huron Health Unit said the information Was five or six days old when they received notice from the Ministry of Health- A press release was sent last week to area media. The cheese products have been distributed in variety stores and video stores from the Niagara re- gion to Toronto and extending into the London area. No illness has yet been reported to the Health Unit, however, the food poisoning bacteria is present in the food products described. He added it is a little more awk- ward now because the grantor of the power of attorney and two wit- nesses have to get together at the same time. "The legislation also spells out certain people who cannot, by law, be a witness to that power of attor- ney," said Byerley. He said that any powers of at- tomey properly executed before April 3, 1995 or wit'tin six months of the enactment of the legislation under the old legislation — with one witness — is valid for all pur- , poses under the new legislation. He added that beginning Oct. 3, 1995, two witnesses will be re- quired for a power of attorney. Byerley said that a power of at- torney for property, which has been recognized in Ontario for many years, gives another person rights to look after your property, your business matters when you become incapable of looking after, them. He said that the power of attor- ney can be given to one or more persons. He added that if the pow- er of attomey does not specify, the several persons named in the pow- er of attorney will be co-attomeys, and therefore will have to be in agreement with everything they do. Byerley said it would be better not to have two or more persons named as attorneys at the same time. "You can make it very clear in the document that the second named person only comes in de- fault of the first," he said. "That is, if the first person resigns, disap- pears, or becomes mentally inca- pable." He stressed that this has to be spelled out in the attorney docu- ment. Byerley said that a power of at- torney for property generally does not state the beginning date or the length of period the power of at- torney is to be in effect. However, he stated that the start date for the power of attorney and the duration can be put into the power of attofney. It is rare to find a power of attorney with these types of provisions. He noted that a power of attor- ney ends when the grantor of the power of attorney dies, or when the holder of the power dies unless a substitute attorney is named to take when the first person disap- pears, dies, or so on. Byerley said the only exception is if the attorney is carrying out something on the donor's behalf, that transaction can continue if the attorney has no notice of the do- nor's death. ,,Th e donor of the power can re- voke a power of attorney, as long as he or she is mentally capable of giving a power of attorney," he said. He said it must be done in writ- ing and notices should be given to the attorney' and to the 'Office of Public Guardians and Trustee. Byerley said that under the Sub- stitute' Decisions Act, any person can question and mental ability of another person. "If the mental ability of a donor of a power of attorney is called into question, then other people will have to get involved," he said. Byerley said that if and when an assessors determines that a donor is mentally incapable, then the Of- fice of the Public Guardian and Trustee becomes a statutory guar- dian in respect to the property of that person. He added that the per- son being assessed is responsible for payment. However, he added that the per- son who holds the power of attor- ney can apply to the Office of the Public Guardian and Trustee to re- place the statutory guardian. The office then has 30 days to respond, and during that time the office will confirm the attomey under the ex- isting power of attorney. He said that if there is no attor- ney, then there are a number of people who can apply,, under the - Substitute Decisions Act, to be- come statutory guardian, replacing the Public Guardian' and Trustee. These people could include the spouse, the children, the brother and sister, parents and so on. "However, none of those people can apply if there is an existing at- torney, under a power of attorney," said Byerley. In addition to the power of attor- ney for property, the Substitute De- cisions Act introduces a power of attorney for personal care. "So far, it appears to be two sep- arate documents," he said. "Maybe someday they will be combined' into one." He noted that a person only has to be 16 years of age to make a power of attorney for 'personal care. There is a form, but it is not mandatory, but Byerley added that two witnesses are required. "It can't be done under the old style, because there really is no old style," he said. He said this is a attorney in Ontario, plex. "There are six areas defined un- der the act and they include nutri- tion, clothing, where a person's go- ing to live, personal hygiene, safety and one more," said Byer- ley. 'They are defined in the act." He said that the act recognizes that a person can be incapable of one of those six aspects of personal living, but still be alright with the others. 'The power of attorney, new power of and it is com- or even Bluevale Kountry Kitchen Our Breakfasts are a Great EGGsperience! Don't Forget our Sunday Smorgasbord Monday -Thursday 7 a.m. - 7 p.m. Open Friday & Saturday til 9 p.m. Sunday til 8 p.m. Korner of Hwy #86 & #87 at Bluevale 357-1220 howick f.lutudl tnvurancr Comf,.uly ;1- * v i1ME IME a court, is careful only to deal with the aspect of the person's incom-- patability, and not just a blanket power of attorney or a blanket guardianship order," he said. He noted that the consent and the co-operation, where possible, of the subject of the person who is incapable. Byerley said that there is a pro- vision in the Substitute Decisions The power of attorney for per- Act for validating or registering sonal care can be validated at the one of these powers of attorney. Office of the Public Guardian and He noted that there isa prohibi- Trustee. tion on who cannot be a witness of He said that there is a procedure a power of attorney. A witness can- for validating. First of all the per - not be someone who the .donor is son has to be mentally competent getting health care or assistancee at the time validation is requested. from, or someone they are paying, except if that person is a spouse. Please see SUBSTITUTE/15 EVERY FATHER N EEDiS ?sem lgagle Pcs. 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