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  5. Part 2: Key features of a new Act (Chapters 13-15)

(Chapters 13,14 and 15)

Chapters overview

Chapter 13 – Enduring powers of attorney

In Chapter 13, we discuss: 

  • Making an EPOA.  
  • How to tailor the scope of an EPOA. 
  • When an attorney can make decisions for the donor under an EPOA. 
  • The decision-making role of the attorney. 
  • Safeguards once an EPOA is in place. 
Chapter 14 – An EPOA register and notification requirements

Under the PPPR Act, there is no process for registering EPOAs or notifying anyone that an EPOA has been created or that the attorney has begun making decisions for the donor. In Chapter 14, we consider: 

  • The issues that the introduction of a register or notification requirements might resolve.  
  • Whether a new Act should introduce a registration system or notification requirements. 
Chapter 15 – Documenting wishes about the future

In this chapter, we discuss how advance directives and other statements of a person’s wishes about the future interact with decision-making by court-appointed representatives and attorneys acting under an EPOA. We consider: 

  • The law on advance directives, some of the issues we have heard and why we will not be generally considering reform of advance directives in this PPPR Act-focused review. We are only focusing on decision-making arrangements. 
  • Whether new legislation could clarify how advance directives are considered in decision-making arrangements. 
  • Whether, in addition to advance directives, a new Act could provide for people to say what is important to them in the form of a non-binding statement of wishes 

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