What happens if an unforeseen situation arises that the document
doesn’t cover?
Local legal requirements may cover what will become within the
authority of an agent. Generally, if the document is not too specific
in its terms, an agent will have authority to make personal decisions
on all personal matters related to the maker of the document. Where
directions are not clear, the law may require the agent to make
decisions based upon
- what he or she thinks the wishes, beliefs, and values of the
maker of the document would be, or
- what he or she thinks would be best for the maker of the document
in the circumstances.
If it is really clear that the authority to make the decision is
not within the terms of the document, it may be necessary to appoint
someone else to make those decisions. All provinces also have laws
to provide for the appointment of a guardian to
look after the affairs of someone who can no longer make personal
decisions.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
January
2006 |
|
|