Got a legal question? Brydens Lawyers can help

DO you have a legal question? The experts from Brydens Lawyers are ready to take your queries.

Brydens Lawyers are here to answer your legal questions.

DO you have a legal question? The experts from Brydens Lawyers are ready to take your queries.

David asks: I have a daughter with an intellectual disability who will soon turn 18. I believe myself and her mother will need to make the major decisions in her life. We would like to establish a power of attorney as well as guardianship. I believe guardianship is required so we can make medical decisions (I can imagine her refusing a needle or dentist visit). I imagine guardianship and power of attorney are approved by a court or someone appointed by the court. What is the process?

Brydens answers: What is required will be dependent largely on your daughter’s level of incapacity. If she has legal capacity then she can execute a power of attorney appointing you and/or your wife for the purpose of looking after her affairs. However, if the intellectual disability is of a kind which renders her incapable of understanding these matters then she will of course not have the capacity to execute such a document. If that is indeed the case then of course it is open to you to make an application to the Guardianship Division of NEAT. An application can be made to have you and your wife appointed as legal guardians. You would then have the legal capacity to make decisions for your daughter’s welfare. Before any such decision is made by the Guardianship Division there of course would have to be medical evidence to establish the extent of your daughter’s incapacity.