Disability Law Primer (PDF) - ARCH Disability Law Centre
TABLE OF CONTENTS I. INTRODUCTION .............................................................................................. ...
I. INTRODUCTION This chapter deals with situations where capacity is at the core of the legal issues for which a client is seeki ...
II. SUBSTITUTE DECISION MAKING Substitute decision making refers to a legal system which gives certain individuals the right to ...
A. Appointing a Substitute Decision Maker There are two basic methods for appointing a substitute decision maker. One method all ...
investments, maintain real estate and ensure the grantor’s bills are paid, subject to any restrictions or limitations the granto ...
responsibility for making certain decisions in the absence of an official declaration that the grantor is incapable of making pe ...
This does not mean that problems cannot arise when an attorney for property or personal care is making decisions on behalf of a ...
While this paper does not deal in detail with the processes used to determine whether a person is capable or not, it is useful t ...
communicate. Clients are provided with regular accounting reports. The PGT charges clients fees for these property management se ...
application), may apply to be appointed statutory guardian to replace the PGT as guardian of property. Potential statutory guard ...
and, they are expected to abide by a management plan approved by the Court, there is little in the way of supervision of Court a ...
relies on the veracity of the statements made to the court by the applicant. Although the approach of individual judges may vary ...
Guardians, either statutory or court appointed, have obligations. Most importantly, guardians of property must maintain financia ...
s. 32. (4) The guardian shall seek to foster regular personal contact between the incapable person and supportive family member ...
to exercise every one of these functions. The specific functions that a particular guardian is empowered to exercise should be o ...
g) exercise the other powers and perform other duties that are specified in the order. Qualification of Guardians Guardians, w ...
a court appointed guardianship it should be possible to confirm this by calling the PGT. Pursuant to O Reg. 99/96 under the Subs ...
An evaluation of capacity should not take place in the absence all necessary accommodations and supports to enhance a client’s c ...
Even if an individual subject to a guardianship is clearly capable to instruct counsel, it can still be difficult for a lawyer t ...
to cloud their judgement about whether the client understands and appreciates those risks. To the extent that the client will co ...
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