The Lucknow Sentinel, 1996-03-06, Page 6Page 6 —1.tielinow Sentinel, Wednesday, March 6 199
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LUCKNOW
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OPEN DATES
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Power of attorney simplified
Tbe Subsite Decisions Act is not just another person the authority to Makper-
, about planning ahead; it is also about bav- somal care decisions on, their behalf if they
ing your affairs managed according to your, become mentally incapable. It only
wishes, says Helen Johns, MPP for Huron.- becomes effective 1,V1101 the° peso.
The Conservative government has car- becomes mentally incapable. -
tied out its, eleetfon promise to restore to You do n t need a- lawyer to complete a
families the power to make decisions ,on valid power of attorney.
behalf of incapable relatives. Prior to this government's action, if a '.
On Nov. 15, 1995, the government intro- person became incapable of acting co his
duced the Advocacy, Consent and or her. own behalf and did not have a
Substitute Decisions Statute Law, Continuing Power of Attorney, then the
Amencnent, Act 1995., .This Act addresses gbvernment could step in and take (Charge
a number of problems created under legis- of the persores affairs; This could happen
lation passed by the formergovernmentt even though the incapable person had. feta—,
- -For example„ the previous government ftves who could„make decisions on the per- °
created barriers to families who Wanted to son's behalf. •
:act as substitute decisiOn-makers on behalf All that will change. Our .amendments
of relatives who were iriatOble of acting call for a reasonable inquiry to be made
on their own, Also, the previous govern- into whether there is an existing
MOW'S 14iSlatioal allowed a government Continuing Power of Attorney, saki Johns
official 'to step in when the person bad precedence over any government action.
made a Continuing Power of Attompy. The bill also makes it clear that the goy -
"Those laws made people feel that, even ernment .will. only assume control over a
though they had a valid power of attorney person's affairs as a last resort, when people
in place, the government,ciauki still inter- haye no one else to mike decisions on their
vene in the substitute decision -Making behalf, in cases -where the. government has
process'," says Johns. . assumed the role of decision -maker, it will
"The amendments will miniinie the. role also now be easier for family members who
of government in people's lives and will put come forward to replace the government.
decision-making back where it belongs .4- flOwever,' where a 'person has not
in :the hands of individual and'their fami- planned ahead, there are two ways that
lies.'" families can. apply to become guardians;
A continuing power of attorney for prop-, one is through the process of statutory
erty is a legal. document -in which a, person guardianship, which is a non -court applica-
gives someone else the legal authority t9 tion. The second is that a pe,rs,on can
makelecisions about their finances if they always apply tocourt-to be appointed as a
become unable to make ,those decisions- guardian. • • •
themselves. Although a power of attorney Thelegislation also broadens the catego-
may become effective the moment it is ry of family Members who Can qualify to
'signed, itis called continuing because it . be a substitute decision -maker and no
an be used after the person who gave itis longer makes the requirement to post a
.no longer mentally capablebond mandatory. The result is that it will
A power of attorney for personal,care isnow be easier for family members or tnist.
legal document in Which one person gives • •turn to page $
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