Fries with that Will? Part Six

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Mark Handelman

WHEN IS A POA EFFECTIVE?

Unlike Powers of Attorney for Property, a POA does not grant “continuing” authority: it is only effective in respect of the specific decisions for which the grantor has been found incapable:

49.  (1)  A provision in a power of attorney for personal care that confers authority to make a decision concerning the grantor’s personal care is effective to authorize the attorney to make the decision if,

(a) the Health Care Consent Act, 1996 applies to the decision and that Act authorizes the attorney to make the decision; or

(b) the Health Care Consent Act, 1996 does not apply to the decision and the attorney has reasonable grounds to believe that the grantor is incapable of making the decision, subject to any condition in the power of attorney that prevents the attorney from making the decision unless the fact that the grantor is incapable of personal care has been confirmed.

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About Mark Handelman, BA, LLB, MHSc (bioethics)

Health Law Matters

m.handelman@sympatico.ca (416) 402-9476

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