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.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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