Publications by Key Term: capacity

Enduring Powers of Attorney: Consultation Paper Jan 2001

Gaps in the Powers of Attorney Act have left those who wish others to administer their affairs vulnerable to abuse and without adequate guidance. The Commission suggests addressing a number of issues, including standard forms, a standard test of capacity, criteria of admissibility for attorneys, the effect of death or divorce on power of attorney, and appointment of a corporate attorney under an enduring power.

Proposals for an Advance Health Care Directives Act Dec 1991

Advance directives, or living wills, may be used to promote death with dignity by allowing the termination of treatment when death is imminent. The proposed Advance Health Care Directives Act would recognize advance directives that meet minimal formal requirements, and would afford liability protection to physicians following directives in good faith.