Future Planning for Persons with a Disability

Did you know at 19 years of age, every person, disabled or not, is considered competent and capable of managing their own affairs?

Did you know that you will have no more legal right to make binding legal decisions for that person than you would any other adult in the Province?

No matter the reason for the disability, there are only three legal options available to support an adult with a disability.

Legal Options Available to Support An Adult with a Disability

• Enduring Power of Attorney
  
  • A Power of Attorney is a legal document that allows an appointed person to act on another’s behalf  only with regard to financial matters when they are unable to act due to absence, illness or some other infirmity.
• Personal Directive
  
  • A Personal Directive allows an adult to appoint another to make “personal care” decisions on their behalf at a time when they are unable to make those decisions for themselves. “Personal care” includes health care, residence and support services.

• Adult Representation [formerly known as Adult Guardianship]
  • Representation allows an appointed person to be responsible for those aspects of an adult’s personal and financial interests where decision-making capacity is lacking.
  • You can learn more about Adult Representation in Nova Scotia on the Public Trustee’s website and the various options open to you here.

I would be happy to discuss these options in more detail so you can be confident that you have the information you need to make the best possible decision for your family member’s future.

LET ME HELP YOU PLAN FOR THE FUTURE

Return to Areas of Practice