"A Family Tradition for 128 Years" PORT PERRY STAR - Tuesday, March 1,1994 - 5 Substitute Decisions act frightens public, but Attorney General says it won't become law until early '95 By Kelly Lown Port Perry Star The new Substitute Decisions Act 1s creating quite a stir among residents, but Attorney General Marion Boyd said in a statement "people are fright- ened needlessly about a law that in fact makes it easier for them to take control of their fu- ture." The Substitute Decisions Act, which was passed unanimously by the Ontario Legislature re- cently, is to be proclaimed into lawinearly 1995. The act enables the public trustee for the province to take control of a person's estate should they come mentally dis- abled. If a Power of Attorney 1s not appointed, a person's assets will be seized and controlled by the province. Spouses or chil- dren will then have to apply to the court for Power of Attorney. In her statement, Mrs. Boyd said the public guardian and trustee is intended to be a sub- stitute decision-maker of last resort for people who are men- tally incapable, at risk, and have no one else to act in their best interests. Adding, "there will be no need for the govern- ment to manage the property of someone who becomes mentally incapable if there is a Power of Attorney. She said there seems to be a great deal of misinformation circulating about the new law, which she said responds to needs that have been expressed repeatedly over the past 10 years. The law updates current laws on what may happen when someone is not mentally capa- ble of making important deci- sions about his or her life. It al- lows people to name a trusted family member or friend in ad- vance, through a Power of Attor- ney, to make financial and per- : Com ~ 21st Anniversary Celebration ~ for the month of March! We will take 15% off your food bill, for both take-out sonal decisions for them should they become incapable of doing S50. According to Mrs. Boyd, the new act improves current laws regarding mentally incapable people by allowing, for the first time, to make Powers of Attor- ney for personal cave. It allows family members or partners to take responsibility for an inca- pable person's finances by ap- plying directly to the Office of the Public Guardian of Trustee rather than by going to court, which is the case now. This new alternative will be less costly and time-consuming than going to court. Dave Siksay, a lawyer with Siksay and Fraser Law Offices in Port Perry, told the Star the act goes together with the Con- sent to Treatment Act. He said the act replaces the Power of Attorney and said the property management part 1s the same, with a few changes, and believes the idea of people looking after their personal care is a good idea. "It allows you to delegate deci- sions about health care and can appoint someone to look after you the way you wish," he said. "The new act allows personal decisions. It is a good idea, good in the way a person's medical health wishes are known," he told the Star. The down side of the act is if a person does not have a Power of Attorney before or after this act, that is when the government comes in, he said. Adding, that is a good reason to have one. But, he said any old Power of Attorney meeting the require- ments of this new act will still apply. Ei said the new Substitute Decisions Act will be more ex- pensive, mainly because it will be more complicated, in the sense of wording. It will be an ¢ and eat-in orders (excluding alcohol) David Chow's Restaurant 223 Queen St., Port Perry 985-2112 involved process. Now people will need two witnesses, and family members will need se- curity. The way the law works is if there is not a Power of Attorney the government takes over, as- suming noone can be trusted. "It was not necessarily better before, but it was cheaper," he said. "The act strikes an important balance between a primary re- spect for the rights of the indi- vidual and the need for some of the most vulnerable members of our society to be protected from abuse and neglect," Mrs. Boyd said in defense of the act. [f there 1s no Power of Attor- ney a family member or friend who is willing and able to make decisions on the incapable per- son's behalf can apply to do so, she added. The government is currently distributing a newsletter and is planning extensive public edu- cation about the law before it comes into effect. "We believe that once people know the facts about this legis- lation they will see that this law does make it easier for them to take control of their future," Mrs. Boyd said. 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