Drop box Assignment #6 Module 6

Agency
LAWS 3041 S22 dm04
Student Name: Rakan Elhayek
Student ID: 1044292

NOTE: Do not change the file format. Keep your submission in the original Word document. PDF’s will
not be accepted.

The Office of the Public Guardian and Trustee is part of the Ministry of Attorney General and can be found
at the following website:
https://www.attorneygeneral.jus.gov.on.ca/english/

Using the above website:

1. a. What are the two main types of Powers of Attorney (POA) and briefly describe each one:

(4 marks) Answer:
A Power of Attorney (POA) can be described as a legal document that gives someone the right to make
healthcare and financial decisions on my behalf in case of an accident or illness or death. A power of
attorney should be given to a person whom we trust. The two main types of power of attorney are POA for
Personal Care and POA for Property.
 A POA for personal care will make decisions about the health care, housing, and other aspects of
my personal life including meals and clothing. In an event where I do not have a POA for personal
care, it will be my family who can make this decision,
 A POA for property, on the other hand, allows the attorney to make decisions about the financial
affairs including collecting money owed to me, maintaining or selling my house, managing my
investments, and/or paying my bills.
2. What is meant by an “advanced directive”. What is the purpose of an advanced directive, and is
there a specific form for an advanced directive?

(3 marks) Answer:
An "advanced directive" is also known as a "living will". It is a legal document that expresses the personal
care preferences of the individual with respect to their treatment and personal care wishes in an event when
they are significantly ill or meet with an accident and need personal care or advanced treatment. Basically,
an advanced directive is a written statement of wishes about the future care of the individual. 
The purpose of an advance directive is to direct someone including a spouse or a family member or a friend
take medical decisions for an individual in an event when they are unable to do so. It addresses the
treatment and personal care wishes of an individual and its purpose is to guide the person who is taking
care of the individual in the event of such illness or accident.
There is no specific form that is required for an advance directive, but one should consult a lawyer who will
help you in preparing such a document.

3. Besides someone under the age of 16, who cannot be named as a POA of personal care?

(1 mark) Answer:
The people who cannot be named as a POA of personal care besides someone who is under the age of 16
are those who are mentally incapable or someone who we pay to provide services to us unless that person is
a relative.
 4. Guardianship of Property (under Protecting Mentally Incapable persons and Duties of a Guardia)

a) What is the difference between a Guardian and a POA of property (also see the Power of
Attorney Kit for these definitions)?
(2 marks) Answer:
The basic difference between a Guardian and a POA of property is the fact that the POA for the property is
chosen by an individual himself before becoming incapable, giving them the authority to act on their
behalf, whereas a Guardian of Property is appointed through a legal process after the person becomes
incapable and he does not have a POA in place.
A guardian of property is someone who is appointed by the statute or the court with an endeavor to look
after the property of the incapable person because the person who became incapable has not had a valid
POA for property in place.
Whereas a POA for the property is a legal document that an individual while being capable creates  and
gives authority to another person whom they trust to make decisions about their property in an event when
they are incapable to do so.

b) List 4 things a Guardian of property has authority to do:

(4 marks) Answer:
Four things that the Guardian of the property has authority to do
 Opening and closing bank accounts
 Buying goods and services
 Redirecting pensions and other income, along with payment of bills
 Applying for benefits or supplementary income to which the person is entitled.

c) List three legal responsibilities of a guardian:

(3 marks) Answer:
Three legal responsibilities of a guardian are:
 Managing the property of the incapable person in a way that maximizes the quality of life for him
 Consulting with the family and friends of the incapable person and encouraging him to participate
in the decisions with respect to their property
 Aspire to establish contact between the incapable person and their family and friends

5. I want more than one POA, what does it mean if they are listed as acting jointly?
(1 mark) Answer:
In an event where there is more than one POA and the words "Act Jointly and Severally" are included, it
means that either of the attorneys will be able to make decisions alone on my behalf. For example, if one of
them is sick or is traveling, the other would still be able to sign the cheques and give instructions on my
behalf