New law designed
to give adults say
in decision-making

HELP’S AT Hand, by North Shore
Community Services (NSCS), is a
forum for discussing government
policies and programs, benefits,
consumer and legal rights, taxation
and public services. Answers are
intended only us a general guide
and should not be applied to indi-
vidual cases without further consul-
tation. .

QUESTION: My mother has
lived all of her life in a town in
the laterior. She feels very

66 The guiding prin-
ciples of this Act state
that people are enti-
tled to live as they
wish. 99

strongly about living out her last
. days in her own house, and I’ve
always respected her wishes in
this and not tried to persuade her
to.move down to Vancouver

‘where I could keep an eye out for

her.

‘The problem is that my moth-
er’s eyesight is now going and she
is becoming very forgetful. She
' won't admit that there is a prob-
‘ lem, but I hear from other people
‘that she is having difficulty man-

aging and may actually be in
some risk. | was going to ask her
to give me, or someone else, a

power of attorney so that her
financial affairs will be looked
after, but I’m told by a neighbor
of my mother’s, who is a notary,
that she probably wouldn’t
understand the implications cf
doing that. And if she doesn’t
fully understand the implications,
the notary can’t draw up and

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witness the document.

I’ve just heard about some
new laws about.this kind of situa-
tion that were passed by the
provincial government last sum-
mer. Will they help me to help
my mother?

Answer: What you’ve probably
heard about is Bill 49; the Adult
Guardianship Act. This legislation
is not yet law. It is expected to be
proclaimed and phased in over the
next few years.

The guiding principles of this
Act state that people are entitied to
live in whatever manner they wish
as long as they do not harm others
and are capable of making those
decisions. When there is a need for
intervention, the most effective and
least intrusive form of support,
assistance or protection will be
used.

As you are probably aware, our
existing laws for situations -like the
one you describe are far from ade-
quate. The Adult Guardianship Act
will make it possible for an associ-
ate decision-maker to be appointed
to support and assist people in mak-
ing decisions, not take away ail
their fights.

Perhaps more importantly in
your mother’s case, an accompany-
ing new piece of legislation, Bill
48, the Representation Agreement
Act, will enable an adult who has
already lost some decision-making
ability to decide for herself who
will be her representative.

If you would like more informa-
tion about the new legislation, tele-
phone our office at 985-7138.

This column is prepared with
financial assistance from the
Notary Foundation. For more
information call NSCS at 985-7138.

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