20210312 - Owners Consent · EXE21/0023

IMPORTANT NOTICE TO THE ATTORNEY

 

If you accept this power of attorney, you will be taking on serious
responsibilities. If you fail to observe these responsibilities, you could be
removed as attorney or even convicted of an offence and required to pay
compensation.

Besides the particular responsibilities mentioned in Form 1 and/or Form 2 of this
document, there are responsibilities imposed by the Powers of Attorney Act
1998,

What are these responsibilities?

15

They are both general and specific.
General responsibilities (to guide you in decision-making)

You must exercise the power given to you honestly and with reasonable care. It
is an offence not to do so, and you may also be required to compensate the
principal.

You must comply with the terms of the enduring power of attorney, and any
other Court requirement. In addition, you must abide by the general and health-
care principles on which the Act is based.

General principles include:

a presuming that the principal has the capacity to make a particular decision
until there is conclusive evidence that this is not the case;

M@ recognising his/her right to participate in decisions affecting his/her life to
the maximum extent for which he/she has capacity;

M srespecting the principal’s human worth and dignity and equal claim to basic
human rights, regardless of his/her capacity;

HM srecognising the principal's role as a valued member of society and
encouraging his/her self-reliance and participation in community life;

@ taking into account the importance of the principal's existing supportive
relationships, values and cultural and linguistic environment;

a ensuring that your decisions are appropriate to the principal's
characteristics and needs;

a recognising the principal's right to confidentiality of information.
The health-care principles are:
Any health-care decision you make for the principal must:

@ maintain and promote the principal's health or well-being or is in all the
circumstances in the best interests of the adult;