1. Powers of Attorney Act Considering Reform Thoughts for Current Practice Kelly L. Greenwood Barrister & Solicitor

2. Overview  Background  Discussion About Reform:  Scope and Capacity/Formalities  Donor Appointments/Attorney Duties  Monitoring/Accounting  Varying/Terminating  Public Education/Abuse  Thoughts on Current Practice

3. Background  Common Law – Agency Law  1970’s Reform Discussions  May 25, 1988 – Change Arrives in Nova Scotia  Use of Enduring Powers of Attorney

4. Scope and Capacity  Presume Capacity, or not?  Define Capacity  Assess Capacity  Declare Contingency Trigger  Confidential Information

5. Formalities  Writing, Date, Signature  Witnesses  Witness Statements  Independent Legal Advice  Attorney Acceptance

6. Donor Appointments  Who Can Act?  Impact of Criminal Convictions  Undischarged Bankrupts  Paid Personal Care Workers  Security  Decision Making by Joint Attorneys  Scope of Authority  Compensation/Reimbursement

7. Donor Rights  Continuing to Act  Revocation  Requiring an Accounting  Requiring Donor’s Interests be Served

8. Attorney Duties  Duty of Loyalty  Follow Instructions  Avoid Conflicts  No Co-Mingling/Self Dealing  No Delegating  Account to Donor  Duty of Care

9. Expanded Attorney Duties  Duty to Act  Facilitating Contact  Making Investments  Preserving Donor’s Will

10. Monitoring and Accounting  Registration  Notice of Attorney Acting  Keep Records  Account – To Whom?

11. Varying and Terminating  By Donor  By Court  Revocation  Irrevocability

12. Public Education  Standard Forms  Public Legal Education  Best Practices  Mandatory Termination

13. Thoughts on Current Practice  Trust is Crucial  Name Alternate(s)  Witness Statement of Capacity  Include Duty to Account  Identify Recipient(s) of Accounting  List Duties  List Examples of Powers

14. Questions, Comments, Discussion  Think and Talk about the Issues  Send Comments to the Law Reform Commission  Email info@lawreform.ns.ca  Phone (902) 423-2633  Write to: Law Reform Commission of Nova Scotia 2 nd Floor, 1484 Carleton Street Halifax, Nova Scotia B3H 3B7 COMMENTS OPEN TO JUNE 30, 2014