The AGTA and Personal Directives

A Personal Directive is signed before an adult has lost capacity and comes into effect only after that adult has lost capacity.

Therefore:

• even if an adult has completed a Personal Directive, that adult can still obtain either a Supported Decision-Making Authorization or a Co-Decision-Making Order (because, for both of these options, some capacity remains);
• if an adult has completed a Personal Directive, and then loses capacity, a Guardianship Order will not be required. Instead, when capacity is lost, the Personal Directive comes into effect and the named Agent can begin to make personal decisions on behalf of the incapacitated adult; and
• if an adult has not completed a Personal Directive and then loses capacity, a Guardianship application will be necessary.

The AGTA and Enduring Powers of Attorney

An Enduring is signed before an adult has lost capacity and comes into effect only after that adult has lost capacity.

Therefore:

• if an adult has completed an Enduring Power of Attorney, and then loses capacity, a Trusteeship Order will not be required. Instead, when capacity is lost, the Enduring Power of Attorney comes into effect and the named Attorney can begin to make financial decisions on behalf of the incapacitated adult; and
• if an adult has not completed an Enduring Power of Attorney and then loses capacity, a Trusteeship application will be necessary.