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The ‘adult’ is any adult who makes a POA to appoint an attorney to make financial decisions on their behalf. The adult must be (PAA s10 and 12): | The ‘adult’ is any adult who makes a POA to appoint an attorney to make financial decisions on their behalf. The adult must be (PAA s10 and 12): | ||
• An individual who is 19 years of age or older | • An individual who is 19 years of age or older<br> | ||
• Mentally capable of making a POA | |||
• Acting voluntarily, or on their own | • Mentally capable of making a POA<br> | ||
• Acting voluntarily, or on their own <br> | |||
The adult must have mental capacity at the time that the POA is signed, and must be able to understand the nature and implications of a POA. An adult who has mental capacity has the legal right to make decisions, including the legal right to choose whether to: | The adult must have mental capacity at the time that the POA is signed, and must be able to understand the nature and implications of a POA. An adult who has mental capacity has the legal right to make decisions, including the legal right to choose whether to: | ||
• Determine the type, scope or purpose of the POA | • Determine the type, scope or purpose of the POA<br> | ||
• Define the roles and authority of the appointed attorney(s) | |||
• Provide instructions to the attorney(s) | • Define the roles and authority of the appointed attorney(s)<br> | ||
• Express wishes, values and beliefs | • Provide instructions to the attorney(s)<br> | ||
• Change or revoke a POA | • Express wishes, values and beliefs<br> | ||
• Change or revoke a POA<br> | |||
==== c) The Test of Capacity ==== | ==== c) The Test of Capacity ==== |
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