This is someone that is appointed by the court to be your Substitute Decision Maker.
This is the person or persons YOU have chosen to be your Substitute Decision Maker if you prepared this document when you were mentally capable to do so.
One of your family or friends could apply to the tribunal, known as the Consent and Capacity Board, to be named as your “Representative,” which is a type of Substitute Decision Maker. However, if you prepared a valid Power of Attorney for Personal Care, the Consent and Capacity Board will not appoint anyone even if they apply because the Substitute Decision Maker YOU chose in the Power of Attorney for Personal Care will rank higher in the hierarchy list.
Two persons are “spouses” if they are:
a. Married to each other; or
b. Living in a marriage-like relationship and;
i. have lived together for at least one year, or;
ii. are the parents of a child together, or;
iii. have together signed a Cohabitation Agreement under the Family Law Act.
A Cohabitation Agreement is a document that two people who live together, but are not married, can sign in which they agree about their rights and obligations to each other during the time they live together and on separation. The types of things they can include in the agreement are rights to financial support from each other, ownership and division of property, and the education of their children.
Two persons are not spouses if they are living separate and apart as a result of a breakdown of their relationship.
Two people are “partners” if they have lived together for at least one year and have a close personal relationship that is of primary importance in both people’s lives. This can include friends who have lived together for at least one year in a non-sexual relationship and have a special personal family-like relationship.
This does not include a parent who only has a right of access. If a Children’s Aid Society or other person is entitled to give or refuse consent in place of the parent, this then would not include the parent.
They are the decision-maker of last resort if no other person is capable, available or willing to give or refuse consent. The PGT is a government appointed representative.
