HARMONIZING SAFEGUARDS AGAINST ABUSE Financial Abuse of Seniors Meeting March 26, 2013 Toronto Peter JM Lown, QC, Alberta Law Reform Institute
EPAs – Safeguards Against Abuse
ALRI Final Report 88, February 2003 Enduring Powers of Attorney: Safeguards Against Abuse Enduring Powers of Attorney: Areas for Reform by the Western Canada Law Reform Agencies, 2008
Underlying Premises 1. Freely created document separate
and apart
independent
advice
witness/certificate
Underlying Premises 2. Clear Responsibilities do’s
and don’ts for attorney
intelligible
to third parties I didn’t know it was wrong!
Underlying Premises 3. Open and Transparent determination notice duty
of incapacity
of acting
to provide information It’s not wrong if no one knows!
Underlying Premises 4. Someone to call focal
point for concern and investigation
effective
remedy