Substitute Decisions Act, 1992
CONTENTS
Interpretation | |
Presumption of capacity | |
Counsel for person whose capacity is in issue | |
PART I | |
Application of Part | |
Age | |
Incapacity to manage property | |
Continuing power of attorney for property | |
Capacity to give continuing power of attorney | |
Validity despite incapacity | |
Execution | |
Resignation of attorney | |
Termination | |
Exercise after termination or invalidity | |
Certain existing powers of attorney preserved | |
P.G.T. as statutory guardian | |
Assessment of capacity for statutory guardianship | |
Termination by attorney | |
Replacement of P.G.T. | |
Refusal to issue certificate of statutory guardianship | |
Death, etc., of statutory guardian | |
Termination of statutory guardianship | |
Assessment of incapacity | |
Application for review of finding of incapacity | |
Termination by court | |
P.G.T. to forward notices | |
Court appointment of guardian of property | |
Procedure | |
Appointment criteria | |
Finding of incapacity | |
Variation or substitution of appointment order | |
Temporary guardian, court appointment | |
Termination | |
Suspension | |
Procedure, termination | |
Powers of guardian | |
Access to personal information | |
Duties of guardian | |
Liability of guardian | |
Will | |
Property in another person’s control | |
Existing corporate debts and liabilities | |
Completion of transactions | |
P.G.T., powers of executor | |
Disposition of property given by will | |
Proceeds of disposition | |
Proof of P.G.T. guardianship | |
Required expenditures | |
Attorney under continuing power of attorney | |
Directions from court | |
Compensation | |
Passing of accounts | |
PART II | |
Application of Part | |
Age | |
Incapacity for personal care | |
Power of attorney for personal care | |
Capacity to give power of attorney for personal care | |
Execution | |
When power of attorney effective | |
Special provisions, use of force | |
Assessment of capacity | |
Resignation of attorney | |
Termination | |
Court appointment of guardian of the person | |
Procedure, court-ordered appointments | |
Appointment criteria | |
Finding of incapacity | |
Full guardianship | |
Access to personal information | |
Partial guardianship | |
Variation or substitution of appointment order | |
Temporary guardian, court appointment | |
Termination | |
Suspension | |
Procedure, termination | |
Duties of Guardians of the Person and Attorneys for Personal Care | |
Duties of guardian | |
Duties of attorney | |
Directions from court | |
PART III | |
Service of notices | |
Required documents | |
Optional documents | |
Required documents, summary disposition, application to appoint guardian of property | |
Required documents, summary disposition, motion to terminate guardianship of property | |
Required documents, summary disposition, application to appoint guardian of the person | |
Required documents, summary disposition, motion to terminate guardianship of the person | |
Summary disposition | |
PART IV | |
Right to refuse assessment | |
Order for assessment | |
Restraining order | |
Order for enforcement of assessment order | |
P.G.T.’s powers of entry | |
P.G.T.’s access to records | |
Statements as evidence | |
Conflict of laws, formalities | |
Foreign orders | |
Volunteers | |
Mediation | |
Offences | |
Regulations | |
Transition | |