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Amendment of section 10 of Principal Act
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9. Section 10 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of “subsection (4) and specifications made under subsection (4A)” for “subsection (4)”,
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(b) in subsection (2), by the substitution of “subsection (4) and specifications made under subsection (4A)” for “subsection (4)”,
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(c) by the substitution of the following subsection for subsection (4):
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“(4) The Minister shall make regulations as respects decision-making assistance agreements, including—
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(a) prescribing procedures and requirements relating to the execution, variation and revocation of a decision-making assistance agreement,
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(b) specifying the personal welfare or property and affairs, or both, which may be specified in a decision-making assistance agreement,
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(c) providing for the giving by the appointer of notice of the execution, variation or revocation of a decision-making assistance agreement—
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(i) to the Director, and
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(ii) to other specified persons, and whether or not by reference to persons who, under this Act, are required to be notified of an application made under this Act.”,
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(d) by the insertion of the following subsection after subsection (4):
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“(4A) The Director may, with the consent of the Minister, specify in writing the following:
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(a) the form of a decision-making assistance agreement;
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(b) the information to be included in or annexed to a decision-making assistance agreement for the purpose of ensuring that any document purporting to create a decision-making assistance agreement incorporates adequate information as to the effect of making or accepting the appointment;
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(c) that the following statements shall be included in a decision-making assistance agreement:
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(i) by the appointer, that he or she has read and understands the information as to the effect of making the appointment or that such information has been explained to the appointer, by a person other than the proposed decision-making assistant;
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(ii) by the decision-making assistant, that he or she understands and undertakes to act in accordance with the functions of a decision-making assistant, including the duty to act in accordance with the guiding principles;
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(d) the form of attestation of the signatures of the appointer and decision-making assistant by a person other than the appointer or the proposed decision-making assistant;
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(e) the forms to be used in connection with the execution, variation and revocation of a decision-making assistance agreement; and
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(f) the form of notice to be given by the appointer of the execution, variation or revocation of a decision-making assistance agreement.”.
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