Legal Aspects to Ageing

Question 1

What is a supportive attorney?

Answer 1

A person allocated to help make decisions, and have limited powers to make decisions

Particularly used for people with disability

Acts under the direction of the donor

Question 2

What is decision making capacity?

Answer 2

Having the ability to reason things out, using pros and cons

Assumed to have it once aged 18

Question 3

What is testamentary capacity?

Answer 3

The capacity to make a will

• Must understand what a will is
• Understand roughly what your assets are
• Must be able to understand why you want to distribute funds assets in a certain way

Question 4

What is the hierarchy of the person’s responsible to make decisions?

Answer 4

Enduring Medical Power of Attorney
Guardian - medical 
EPOA - Personal
Spouse/Partner
Primary carer (not paid)
Child
Parent
Sibling
Grandparent
Grandchild
Aunt
Nephew/Niece

Question 5

What types of elder abuse is there?

Answer 5

Physical
Psychological
Financial
Neglect
Sexual

Question 6

What is a general non-enduring PoA?

Answer 6

Someone who is appointed, usually for a specified period of time, to make financial or legal decisions on behalf of the appointer/donor.
If no time period is specific then the position becomes invalid if the appointer loses capacity

Question 7

What is a Enduring power of attorney (EPOA)?

Answer 7

• Someone appointed to make decision on behalf of principle in the event that they can’t
• They can be medical, financial, and guardianship (prior to 1/9/15) or elected for financial matter, personal matters, or both (after 1/9/15) (medical stays the same)

Question 8

What are considered personal matters?

Answer 8

• Health care matters (though cannot complete a refusal of treatment certificate)
• Accommodation
• Service provision
• Employment
• Education