Harmonizing Safeguards

HARMONIZING SAFEGUARDS AGAINST ABUSE Financial Abuse of Seniors Meeting March 26, 2013 Toronto Peter JM Lown, QC, Albert...

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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