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Legal Sherpa Briefing for Attorneys (who are Not Lawyers)
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For Attorneys (or Financial Agents)
A person who has been asked to exercise a Power of Attorney is not obliged to do so. (And don't start if you are not prepared to see the job through. It can be difficult to extricate oneself from the position!)
A person who exercises a Power of Attorney should seek legal advice so as to understand clearly the limitations that the law imposes on the exercise of a Power of Attorney for the Management of Property - even when limiting language does not appear in the Power of Attorney document.
Some Powers of Attorney can only be exercised if the Donor (person who signs the Power of Attorney) is incapacitated. Others allow for the exercise while the Donor is capable.
The Donee of a Power of Attorney (person who is named to act) is accountable to the Donor, if the Donor has capacity, or ultimately, to the heirs of the Donor, if the Donor is incapable.
The Donee may also be called to account by the Office of the Public Trustee.
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Legal Sherpa Tip
Keep detailed records of the time you spend and the work you do so that you can be properly paid for the hard work you do and the responsibility you bear.
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For Attorneys (or Healthcare Agents)
Have you just learned that you are named in a Power of Attorney for Healthcare Decisions document?
The first information you want is a knowledge of the beliefs and wishes of the person who nominated you. In the best of situations, you can consult with the person who nominated you and ask questions. Do they have a Living Will or Advance Care Directive to give you guidance? This document is a very useful starting point for a conversation about their wishes. And if the person is unable to make choices this document can still provide you with valuable information.
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Legal Sherpa Tips
As a Substitute Decision Maker for Healthcare Decisions you have the right to ask for another doctor, if the doctor you are dealing with is not prepared to honour the wishes of the person you are acting for, or your decision.
As a Substitute Decision Maker for Healthcare Decisions, particularly for a person who no longer recognizes friends and family, you have the right to instruct a doctor or the hospital not to administer antibiotics, and to administer only medication that provide comfort care and pain relief.
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