WhIby Fre. Pm*. ,W.es«day, March 30. 1994, Page 19 DurhAm Eas;t m»# I want te give you some information about the Substitute Decisions Act which is updating the laiws on what may happen iwhen someone is not mentally able te make important decisions about his or her life. These decisions include finances, property management, and personal care (health care, food, housing and safety). The new act continues te allow people te, plan in advance for incapacityb4Y naming a trusted family member or friend, through a power of attorney, te inake those decisions for them should they hocome incapable of doing se. There has hoen some confusion about the new law, particularly as it relates te durable power of attorney for property and applications by fhffsiiiimembers for Here are some common misconceptions. Mlytit After the act cornes into force, people who are given power of attorney will ho required te provide security and file a management plan. Fact: A person named in a power of attorney is not required te, provide security or file a mangement plan. If you do net make a power of attorney and a ýurdan has te hoe appointed, the guardian will ho required te provide security and fie a management plan. The law has always required these safeguards te proteet the interests of the incapable person. Myrth: People should hurry te make powers of attorney hofore the Substitute Decisions Act cornes into effect te avoid certain provisions of the new legislation. Fact: After the act takes effect, ail substitute decision- makers and attorneys and guardians will ho subject te its provisions, ne matter when the power of attorney was made, se it really won't make any difference if the power of attorney is signed hofore the act is proclaimed. Myth: The public trustee will take over the property of everyone who becomes mentally incapable, even if they make a power of attorney or h ave familY who want te, act as a guardian. Flea market The Wbitby Seniors' Activity Centre will hold a flea market on Saturday, April 9, 10 amn. te, 3 p.m., at F"d: The act is designed to limit government involvement to situations where there are no suitable alternatives. The act gives people the opportunity te make sure someone they trust will take care of their property by making a continwing power of attorney. If there is no valid power of attorney, farnily or close friends could apply te become the person's guardian of property. If no other appropriate person is willing and availale te make important decisions, and there is clearly a need for decisions te ho made, thon, as a last The Whitby Seniors' Activity Centre will hold a lecture regarding power of attorney and te Substitute Decisions Act on Monday, April 18, noon to 1:30 p.m., at the centre, 801 Brock St. S. Attorney and legal advisor te the Alzheimer Society Jennifer Jenkins will ho guest speaker. Admission is free, but donations te the Alzheimer Society will ho accepted. Bring lunch. Tea and coffée will ho provided. To reserve a seat, cail the centre at 668-1424. Weekly -bridge' The Whitby Seniors' Activity Centre will hold weekly bridge sessions for members beginning Monday, April 4, 9:30 a.m., downstairs at the centre,, 801 Brock St. S. Cost is $2 per person. For more information or if you need a bridge partner, cal) the centre at 668-1424. WENDY DRAPER spoke about depression and seniors at the Whitby Seniors Centre re- cendy. Draper says seniors are Iess llkely to get depressed than the g eneral population. Photo by Mark Roasor, Whltby Free Press Do you know a Whitby senior whose present or past life would make an interesting profile? Cali Maurice at 668- 6111. re8ort, the public guardian and tru.stee may make them. No matter who is the decision-maker, the propérty will continue te holong te the incapable, person. The decision- maker's job is te manage it for the incapable person's honefit. Myth: The act puts new hurdles in the way of family memhors who wish te assume guardianship of an incapable person when there is no continuing power of attorney. Fat The act actually makes it easier for a family memhor te become a owuardian in some cases.by introducing a process that does not require an application te the court. The safeguards of security and a management plan have been preserved in the new process because they have proven in the past te ho a valuable way of protecting the financial interests of incapable people. Myth: Everyone who is suspected of hoing incapable will ho assessed. Fact: Mani incapable people wil nov'er be assessed. Sinco the purpose of an assesment is to put a deciaîon-maker in place, this would rarl e)yh necessary if a decision-mkor had already been designated under a continuig power of attorney. Even if there is no power of attorney,, an aasessment would not ho needed unless the circmstances indicated that a guardian would honefit the person. MytIUL Eveiy incapable person will have te have a guardian." Fa".;: There is no requirement under the act that every incapable person have a guardian or any other formn Of substitute decision-mnaker. In fact, the act contains certain safeguards te prevent a, guardian from being appointed unnecessarily. Te act treats guardiansip -as a last rosort 'whon decisions need to ho made and the persn incaale of making them, and there in no other alternative. Myth: The now legisiation insalready in effect or ingong to corne intô effect immediately. .Fat: The Substitute Decisions Act will not ho proclaimed until early in 1995. This week's spoial.. Sur X'2 O:>. Insoe pzlaa6 ei Spring TunemUp Time - Are you Ready?' You probably haven't given much thought to your scooter necding a spring tune Up. 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