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New incapacity legislation coming this September

Nelson Daily Staff
By Nelson Daily Staff
February 7th, 2011

Legislation giving adults more options when making their own plans in the event of incapacity comes into force Sept. 1.

Incapacity (or personal) planning provisions are part of the Adult Guardianship and Planning Statutes Amendment Act, 2007.

The act will be phased in, with other changes such as those related to adult abuse and neglect and health care consent legislation, taking effect at the same time. Adult guardianship provisions are not included in this phase.

The new incapacity planning legislation will provide simple, cost-effective planning options through advance directives, enduring powers of attorney and representation agreements.

Advance directives allow adults to plan decisions about health care treatment while they are still capable. They are provided to health care professionals if the person becomes incapable.

The Sept. 1 effective date provides a transition period to prepare for the new legislation. Existing, valid enduring powers of attorney and representative agreements will be grand parented.


Incapacity planning legislation

• The new legislation will allow adults to provide their attorneys and representatives with full or specific decision making powers. 

• The legislation will also streamline execution requirements for representation agreements and clarify the law on enduring powers of attorney.

• Changes will establish advance directives for health care decisions.

• Recently approved regulations ( under the act address such matters as record-keeping requirements for representatives and attorneys. 


More information

• For Adult Guardianship and Planning Statutes Amendment Act, 2007, visit:

• Amendments to Health Care Consent Regulation

• Power of Attorney Regulation

• Amendments to Representation Agreement Regulation

• Amendments to Adult Guardianship (Abuse and Neglect) Regulation

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