Acts and Regulations

2019, c.30 - Enduring Powers of Attorney Act

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Current to 1 January 2024
CHAPTER 2019, c.30
Enduring Powers of Attorney Act
Assented to December 20, 2019
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1The following definitions apply in this Act.
“adult” means a person who is 19 years of age or older.(adulte)
“assessor” means (examinateur)
(a) a medical practitioner lawfully entitled to practise in the Province,
(b) a nurse practitioner lawfully entitled to practise in the Province, or
(c) a member of a class of persons prescribed by regulation.
“common-law partner” means a person who cohabits with another person in a conjugal relationship if the persons are not married to each other.(conjoint de fait)
“court” means The Court of King’s Bench of New Brunswick.(cour)
“financial institution” means(institution financière)
(a) a bank as defined in the Bank Act (Canada),
(b) a credit union as defined in the Credit Unions Act,
(c) a loan company or trust company as defined in the Loan and Trust Companies Act,
(d) a registered dealer as defined in the Securities Act, or
(e) a member of a class of persons prescribed by regulation.
“health care” means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, including a course of treatment.(soins de santé)
“health care decision” means a decision with respect to health care, including a decision to consent, refuse consent or withdraw consent to health care.(décision sur les soins de santé)
“instructions” means general or specific instructions given in an enduring power of attorney or a health care directive, in any other written form, orally or in any other manner.(instructions)
“personal care” means any matter relating to the well-being of a person, including health care, diet, clothing, accommodation, support services, education, employment, recreation and social activities.(soins personnels)
2023, c.17, s.72
Capacity
2(1)A person has capacity with respect to a matter or an act if the person is able to
(a) understand the information that is relevant to decisions with respect to the matter or act, and
(b) appreciate the reasonably foreseeable consequences of decisions with respect to the matter or act.
2(2)A person is presumed to have capacity unless it is determined otherwise.
Enduring powers of attorney
3(1)An enduring power of attorney is a power of attorney in which a grantor does one or both of the following: 
(a) appoints an attorney for property to act on behalf of the grantor in relation to the property and financial affairs of the grantor and specifies that
(i) the attorney may act when the grantor lacks capacity, or
(ii) the attorney may act regardless of whether the grantor lacks capacity; and
(b) appoints an attorney for personal care to act on behalf of the grantor in relation to the personal care of the grantor when the grantor lacks capacity.
3(1.1)For greater certainty and despite paragraph (1)(a), an irrevocable power of attorney is not an enduring power of attorney.
3(2)A grantor may appoint
(a) two or more persons to act together as attorneys for property, and
(b) two or more persons to act together as attorneys for personal care.
3(3)A grantor may appoint the same person as an attorney for property and an attorney for personal care.
3(4)Appointments of attorneys for property and attorneys for personal care may be made in a single enduring power of attorney.
3(5)A grantor may appoint one or more alternate attorneys to act in place of attorneys whose authority has terminated.
2022, c.46, s.1
Validity
4(1)An enduring power of attorney is valid if
(a) the grantor had the capacity to make it,
(b) it is in writing and is signed and dated by the grantor or, in the circumstances described in subsection (2), by another person,
(c) in the case of an enduring power of attorney in which an attorney for property is appointed or an attorney for property and an attorney for personal care are appointed,
(i) it is signed and dated in the presence of a lawyer, and
(ii) it includes or is accompanied by a written statement by the lawyer declaring that the lawyer
(A) is a practising member of the Law Society of New Brunswick,
(B) reviewed the provisions of the enduring power of attorney with the grantor,
(C) was present when the enduring power of attorney was signed by the grantor or, in the circumstances described in subsection (2), by another person, and
(D) is of the opinion that the grantor had the capacity to make the enduring power of attorney, and
(d) in the case of an enduring power of attorney in which only an attorney for personal care is appointed, it meets the requirements of paragraph (c) or it is signed and dated in the presence of two witnesses, both of whom are adults and neither of whom is the attorney or the spouse, common-law partner or child of the attorney, and it is signed by the two witnesses.
4(2)An enduring power of attorney may be signed and dated by a person on behalf of the grantor if
(a) the grantor is unable to sign and date the enduring power of attorney,
(b) the person signs and dates the enduring power of attorney at the direction and in the presence of the grantor, and
(c) the person is an adult who is not the attorney or the spouse, common-law partner or child of the attorney.
Validity when using an electronic means of communication
2020, c.31, s.1
4.1(1)The following definition applies in this section.
“electronic means of communication” means an electronic means of communication in which all persons are able to see, hear and communicate with one another in real time, to the same extent as if the persons were communicating in person in the same location. (moyen de communication électronique)
4.1(2)The requirement under subparagraph 4(1)(c)(i) that an enduring power of attorney be signed and dated in the presence of a lawyer may be satisfied by using an electronic means of communication.
4.1(3)The requirements under clauses 4(1)(c)(ii)(B), (C) and (D) that a lawyer has reviewed the provisions of an enduring power of attorney, was present when it was signed by the grantor or by another person, and was of the opinion that the grantor had the capacity to make the enduring power of attorney may be satisfied by using an electronic means of communication.
4.1(4)The requirement under paragraph 4(2)(b) that an enduring power of attorney may be signed and dated by a person on behalf of the grantor if the person signs and dates the enduring power of attorney at the direction and in the presence of the grantor may be satisfied by using an electronic means of communication.
4.1(5)If an enduring power of attorney is executed by using an electronic means of communication authorized by this section, the requirements that an enduring power of attorney be signed, dated or witnessed may be satisfied by signing, dating or witnessing the enduring power of attorney in counterpart.
4.1(6)For the purposes of subsection (5), counterparts of an enduring power of attorney shall together constitute the enduring power of attorney.
4.1(7)For the purposes of subsection (5), counterparts of an enduring power of attorney are deemed to be identical even if there are minor, non-substantive differences in format or layout of the counterparts.
4.1(8)An enduring power of attorney made in accordance with this section shall include a statement that it was signed and witnessed in accordance with this section.
2020, c.31, s.1; 2022, c.46, s.1
Alteration and revocation
5(1)A grantor may alter an enduring power of attorney, if the grantor has the capacity to do so, by making an alteration that meets the requirements set out in paragraphs 4(1)(b) to (d).
5(2)A grantor may revoke an enduring power of attorney, if the grantor has the capacity to do so, by
(a) stating in writing that it is revoked, or
(b) destroying it, or directing another person to destroy it, with the intention of revoking it.
Prohibited attorneys
6(1)A grantor shall not appoint the following persons as an attorney:
(a) a person who has been convicted of an offence involving dishonesty, unless the enduring power of attorney states that the grantor is aware of the conviction;
(b) a person who provides health care services or support services to the grantor for compensation, unless the person is the spouse, the common-law partner or a relative of the grantor; or
(c) a person who is a member of a class of persons prescribed by regulation.
6(2)A grantor shall not appoint an undischarged bankrupt as an attorney for property.
6(3)If a person who is not an adult is appointed as an attorney, the person may only act when the person becomes an adult.
Authority of attorney
7(1)In an enduring power of attorney, a grantor may
(a) give an attorney for property authority with respect to all matters or specified matters relating to the property and financial affairs of the grantor,
(b) give an attorney for personal care authority with respect to all matters or specified matters relating to the personal care of the grantor, and
(c) include conditions, restrictions and instructions with respect to the authority of an attorney.
7(2)For the purposes of paragraph (1)(c), an enduring power of attorney in which an attorney for personal care is appointed may include instructions with respect to health care decisions.
7(3)Unless the enduring power of attorney provides otherwise, an attorney for property has the authority to do the following on behalf of the grantor in an instrument other than a will:
(a) make a beneficiary designation in an instrument that renews, replaces or converts a similar instrument made by the grantor, if the same beneficiary is designated in both instruments;
(b) make a beneficiary designation in an instrument that does not renew, replace or convert a similar instrument made by the grantor, if the estate of the grantor is designated as the beneficiary; and
(c) make, change or revoke a beneficiary designation, if the court authorizes the attorney to do so.
7(4)Unless a grantor gives specific authority under an enduring power of attorney, an attorney does not have the authority to
(a) delegate authority to another person, or
(b) make a gift on behalf of the grantor.
7(5)An attorney does not have the authority to
(a) make, alter or revoke a will on behalf of the grantor, or
(b) do anything that is prohibited by law or omit to do anything that is required by law.
When authority may be exercised by attorney for property
8(1)Subject to subsection (2), an attorney for property may exercise authority at any time after the enduring power of attorney is executed.
8(2)An enduring power of attorney may provide that
(a) the attorney for property shall not exercise authority until a specified date, or
(b) the attorney for property may exercise authority only when
(i) it has been determined that the grantor lacks capacity with respect to property and financial affairs, or
(ii) other specified circumstances exist.
8(3)For the purposes of subparagraph (2)(b)(i), the following persons may determine that a grantor lacks capacity:
(a) a person designated in the enduring power of attorney to make the determination, or
(b) an assessor, if a person is not designated in the enduring power of attorney to make the determination or the person designated is unable or unwilling to act.
8(4)A grantor may designate any person to make the determination under subparagraph (2)(b)(i), including an attorney.
8(5)An attorney for property whose authority may be exercised only when it has been determined that the grantor lacks capacity with respect to property and financial affairs shall not exercise authority if, after it has been determined that the grantor lacks that capacity,
(a) the attorney believes on reasonable grounds that the grantor has regained that capacity, or
(b) a person referred to in paragraph (3)(a) or (b) determines that the grantor has regained that capacity.
When authority may be exercised by attorney for personal care
9(1)An attorney for personal care may exercise authority in relation to a personal care matter only when it has been determined that the grantor lacks capacity with respect to the matter.
9(2)For the purposes of subsection (1), the following persons may determine that a grantor lacks capacity:
(a) a person designated in the enduring power of attorney to make the determination, or
(b) an assessor, if a person is not designated in the enduring power of attorney to make the determination or the person designated is unable or unwilling to act.
9(3)A grantor may designate any person to make the determination under subsection (1), including an attorney.
9(4)An attorney for personal care has authority to make a decision with respect to health care provided by a health care provider only if the health care provider determines that the grantor lacks the capacity to make the decision.
9(5)An attorney for personal care shall not exercise authority in relation to a personal care matter if, after it has been determined that the grantor lacks capacity with respect to the matter,
(a) the attorney believes on reasonable grounds that the grantor has regained that capacity, or
(b) a person referred to in paragraph (2)(a) or (b) determines that the grantor has regained that capacity.
Resignation
10Unless the enduring power of attorney provides otherwise, an attorney may resign by providing written notice to
(a) the grantor,
(b) the monitor appointed in the enduring power of attorney, if any, and
(c) the other attorneys appointed in the enduring power of attorney, if any.
Termination of authority
11(1)The authority of an attorney is terminated if
(a) an event occurs which terminates the authority under the terms of the enduring power of attorney,
(b) the grantor revokes the appointment of the attorney or revokes the enduring power of attorney,
(c) the attorney resigns, ceases to have the capacity to act, is unable or unwilling to act or dies,
(d) the attorney becomes a person who is prohibited from being appointed as an attorney under subsection 6(1) or (2),
(e) the attorney is prohibited from contacting the grantor by court order,
(f) the attorney and the grantor are spouses or common-law partners and they separate, unless the enduring power of attorney provides otherwise,
(g) the court orders that the authority of the attorney is terminated or that the enduring power of attorney is terminated,
(h) in the case of an attorney for property, the court appoints a decision-making supporter or representative for the grantor with powers in relation to financial matters under the Supported Decision-Making and Representation Act, unless the court orders otherwise,
(i) in the case of an attorney for personal care, the court appoints a decision-making supporter or representative for the grantor with powers in relation to personal care matters under the Supported Decision-Making and Representation Act, unless the court orders otherwise, or
(j) the grantor dies.
11(2)Repealed: 2022, c.60, s.70
11(3)Unless the enduring power of attorney provides otherwise, if two or more attorneys are appointed to act together and the authority of one attorney is terminated, the remaining attorneys may continue to act.
2022, c.60, s.70
Duties of attorneys
12(1)An attorney shall
(a) act honestly and in good faith,
(b) exercise reasonable care, and
(c) act within the authority given under the enduring power of attorney.
12(2)When making a decision on behalf of a grantor who lacks the capacity to make the decision, the attorney shall consult with the grantor, if it is reasonable to do so, and
(a) make the decision in accordance with any relevant instructions given by the grantor when the grantor had capacity,
(b) in the absence of any instructions, make the decision in accordance with the current wishes of the grantor, if the wishes are reasonable,
(c) if the wishes of the grantor cannot be determined or are unreasonable, make the decision that the attorney believes the grantor would make if the grantor had the capacity to make the decision, taking into consideration the values and beliefs of the grantor, or
(d) if the attorney is unable to determine what decision the grantor would make, make the decision that the attorney believes to be in the best interests of the grantor.
12(3)For the purposes of paragraph (2)(a), if a grantor has given instructions that are inconsistent with previous instructions, the attorney shall make the decision in accordance with the most recent instructions.
12(4)When an attorney for property is acting on behalf of a grantor who has capacity with respect to property and financial affairs, the attorney shall consult with the grantor and act in accordance with the instructions of the grantor.
Notice
13When an attorney begins to act, the attorney shall give notice to the persons to whom notice is required to be given, if any, as specified in the enduring power of attorney.
Multiple attorneys
14(1)If a grantor appoints two or more attorneys for property, their decisions are to be made by unanimous agreement, unless the enduring power of attorney provides otherwise.
14(2)If a grantor appoints two or more attorneys for personal care, their decisions are to be made by unanimous agreement, unless the enduring power of attorney provides otherwise.
14(3)If a grantor appoints different persons as attorney for property and attorney for personal care and a decision is to be made on a matter that relates to property and financial affairs and to personal care, the attorneys shall consult with each other.
14(4)If an attorney for property and an attorney for personal care are unable to agree on a decision referred to in subsection (3), the attorney for personal care shall make the decision and the attorney for property shall act in accordance with that decision, unless the enduring power of attorney provides otherwise.
Compensation
15Unless the enduring power of attorney provides otherwise, a person shall not be compensated for acting as an attorney but is entitled to be reimbursed for reasonable expenses incurred in acting as an attorney.
Monitors
16(1)A grantor may appoint a monitor in an enduring power of attorney.
16(2)A monitor may
(a) visit and communicate with the grantor at any reasonable time,
(b) request records from an attorney under section 17, and
(c) apply for a court order under section 27.
16(3)If a monitor has reason to believe that an attorney is not acting in accordance with this Act, the monitor shall advise the following persons: 
(a) the grantor; and
(b) the other attorneys appointed in the enduring power of attorney, if any.
16(4)A monitor may resign by providing written notice to the grantor and the attorneys appointed in the enduring power of attorney, unless the enduring power of attorney provides otherwise.
16(5)A person shall not be compensated for acting as a monitor, unless the enduring power of attorney provides otherwise.
Records
17Unless the enduring power of attorney provides otherwise, an attorney shall keep the records prescribed by regulation and provide them on request to the following persons: 
(a) the grantor;
(b) the monitor appointed in the enduring power of attorney, if any;
(c) the other attorneys appointed in the enduring power of attorney, if any; and
(d) the executor or administrator of the estate of the grantor, in the case of records kept by an attorney for property.
Financial institutions
18(1)If a financial institution has reason to suspect that an attorney is not acting in accordance with this Act, the financial institution may
(a) decline to follow instructions given by the attorney, and
(b) suspend or restrict the withdrawal and transfer of funds from the accounts of the grantor.
18(2)If a financial institution acts under subsection (1), it shall advise the following persons: 
(a) the grantor;
(b) the monitor appointed in the enduring power of attorney, if any; and
(c) the other attorneys appointed in the enduring power of attorney, if any.
Health care directives
19(1)A health care directive is a document in which a person who has the capacity to do so gives instructions with respect to health care decisions to be made on behalf of the person in the event that the person lacks the capacity to make them.
19(2)A health care directive shall be in writing but is not required to be in any particular form.
Health care providers
20(1)When a health care decision is to be made on behalf of a person who lacks the capacity to make the decision, the health care provider shall
(a) make a reasonable effort to
(i) determine whether the person has appointed an attorney for personal care and, if so, obtain a decision from the attorney for personal care, and
(ii) determine whether the person has a health care directive and, if so, review the instructions in it,
(b) act in accordance with a decision made by an attorney for personal care, and
(c) if a decision is not made by an attorney for personal care and the health care provider is aware of relevant instructions given by the person when the person had capacity, including instructions in a health care directive, act in accordance with the instructions.
20(2)For the purposes of paragraph (1)(c), if a person has given instructions that are inconsistent with previous instructions, the health care provider shall act in accordance with the most recent instructions.
20(3)Despite paragraph (1)(b), if a decision was not made in accordance with this Act, a health care provider is not required to act in accordance with the decision.
20(4)Despite paragraphs (1)(b) and (c), if a health care provider would not be required to act in accordance with a decision or instructions if the decision or instructions had been given directly to the health care provider by a person with capacity, the health care provider is not required to act in accordance with the decision or instructions.
20(5)If a person provides a copy of an enduring power of attorney or a health care directive to a health care provider, the health care provider shall keep it in the records of the person to whom it relates.
Information
21(1)Unless the enduring power of attorney provides otherwise, an attorney has the same right as the grantor to any information or record relating to
(a) a matter in relation to which the attorney has authority, and
(b) the capacity of the grantor.
21(2)A person determining the capacity of a grantor under section 8 or 9 has the same right as the grantor to any information or record relating to the capacity of the grantor, unless the enduring power of attorney provides otherwise.
21(3)A person who obtains information or a record under this section shall not disclose the information or record except to the extent necessary to fulfil the duties of the person under this Act.
Goods and services
22No person shall require another person to have an enduring power of attorney or a health care directive as a condition of receiving any good or service.
Effect of acting without authority
23(1)An attorney is not liable to the grantor or any other person for acting under an invalid enduring power of attorney, or otherwise acting without authority, if the attorney did not know, and with the exercise of reasonable care would not have known, that the attorney was doing so.
23(2)If an attorney is acting without authority, any act of the attorney is valid and binding on the grantor in favour of any person affected by the act who did not know, and had no reason to believe, that the attorney was acting without authority.
Immunity
24A person who acts in good faith and with reasonable care is not liable for a loss arising from an act or omission of the person in the exercise of authority or performance of a duty under this Act.
Documents from outside the Province
25A document made outside of the Province is deemed to be a valid enduring power of attorney under this Act if
(a) a person gives another person authority under the document to act on the person’s behalf in relation to property and financial affairs, personal care or both,
(b) the person who is given authority may exercise the authority when the other person lacks capacity, and
(c) the document is valid according to the law of the place where it was made.
Inconsistent provisions
26In the event of an inconsistency between the provisions of two or more enduring powers of attorney or health care directives made by the same person, the most recent provision prevails.
Court orders
27(1)On application by an attorney, a monitor, the Public Trustee or an interested person, the court may make any order it considers appropriate, including an order
(a) providing directions with respect to an enduring power of attorney or a health care directive,
(b) declaring that an enduring power of attorney is valid despite its not meeting the requirements set out in section 4,
(c) authorizing an attorney for property to make, change or revoke a beneficiary designation,
(d) requiring an attorney to provide records referred to in section 17 to the court or to a person referred to in that section,
(e) requiring the release of information or records,
(f) terminating the authority of an attorney or terminating an enduring power of attorney, or
(g) varying the terms of an enduring power of attorney or substituting another person for an attorney.
27(2)The court may make an order under paragraph (1)(b) if
(a) the grantor had the capacity to make the enduring power of attorney, and
(b) the enduring power of attorney embodies the intentions of the grantor.
27(3)The court may make an order under paragraph (1)(g) if
(a) the enduring power of attorney does not provide that the court may not do so,
(b) the grantor lacks the capacity to make the variation or substitution,
(c) the variation or substitution is justified by circumstances that the grantor likely did not foresee, and
(d) the variation or substitution is in the best interests of the grantor.
Regulations
28The Lieutenant-Governor in Council may make regulations
(a) prescribing a class of persons for the purposes of the definition “assessor”;
(b) prescribing a class of persons for the purposes of the definition “financial institution”;
(c) prescribing a class of persons for the purposes of paragraph 6(1)(c);
(d) respecting restrictions on the authority of an attorney;
(e) respecting the assessment of capacity under sections 8 and 9;
(f) prescribing records for the purposes of section 17;
(g) respecting the establishment of a registry for enduring powers of attorney and health care directives, the registration of documents and information in the registry and access to, use of and disclosure of the documents and information;
(h) defining any word or expression used but not defined in this Act, for the purposes of this Act, the regulations or both;
(i) respecting any other matter that may be necessary for the proper administration of this Act.
TRANSITIONAL PROVISIONS,
CONSEQUENTIAL AMENDMENTS,
REPEAL AND COMMENCEMENT
Powers of attorney and health care directives
29(1)A power of attorney made in accordance with section 58.2 of the Property Act before the commencement of this Act is deemed to be an enduring power of attorney under this Act and the donee is deemed to be an attorney for property appointed under this Act.
29(2)A power of attorney for personal care made in accordance with the Infirm Persons Act before the commencement of this Act is deemed to be an enduring power of attorney under this Act and the attorney for personal care is deemed to be an attorney for personal care appointed under this Act.
29(3)A power of attorney that combines a power of attorney made in accordance with section 58.2 of the Property Act and a power of attorney for personal care made in accordance with the Infirm Persons Act and that was made before the commencement of this Act is deemed to be an enduring power of attorney under this Act, the donee is deemed to be an attorney for property appointed under this Act and the attorney for personal care is deemed to be an attorney for personal care appointed under this Act.
29(4)A health care directive made in accordance with the Advance Health Care Directives Act before the commencement of this Act that includes the appointment of a proxy is deemed to be an enduring power of attorney under this Act and the proxy is deemed to be an attorney for personal care appointed under this Act with authority in relation to the health care of the grantor.
29(5)A health care directive made in accordance with the Advance Health Care Directives Act before the commencement of this Act that does not include the appointment of a proxy is deemed to be a health care directive under this Act.
29(6)Sections 4 and 6 and subsection 11(3) do not apply to a document that is deemed to be an enduring power of attorney under this section.
Infirm Persons Act
30(1)Section 1 of the Infirm Persons Act, chapter I-8 of the Revised Statutes, 1973, is amended
(a) by repealing the definition “attorney for personal care”;
(b) in the definition “mental incompetency” by striking out the semicolon at the end of the definition and substituting a period;
(c) by repealing the definition “power of attorney for personal care”;
(d) by repealing the definition “principal”.
30(2)The heading “POWER OF ATTORNEY FOR PERSONAL CARE” following section 39 of the Act is repealed.
30(3)The heading “Power of attorney for personal care” preceding section 40 of the Act is repealed.
30(4)Section 40 of the Act is repealed.
30(5)The heading “Power of attorney for personal care” preceding section 41 of the Act is repealed.
30(6)Section 41 of the Act is repealed.
30(7)The heading “Power of attorney for personal care” preceding section 42 of the Act is repealed.
30(8)Section 42 of the Act is repealed.
30(9)The heading “Power of attorney for personal care” preceding section 43 of the Act is repealed.
30(10)Section 43 of the Act is repealed.
30(11)The heading “Power of attorney for personal care” preceding section 44 of the Act is repealed.
30(12)Section 44 of the Act is repealed.
Mental Health Act
31(1)Subsection 1(1) of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended in the definition “nearest relative”
(a) in paragraph (a.1) by striking out “Infirm Persons Act” and substituting “Enduring Powers of Attorney Act”;
(b) by repealing paragraph (a.2).
31(2)Section 8.6 of the Act is amended
(a) in subsection (1)
(i) in paragraph (b.1) by striking out “Infirm Persons Act” and substituting “Enduring Powers of Attorney Act”;
(ii) by repealing paragraph (b.2);
(b) in subsection (2)
(i) in paragraph (b.1) by striking out “Infirm Persons Act” and substituting “Enduring Powers of Attorney Act”;
(ii) by repealing paragraph (b.2).
31(3)Subsection 38(3) of the Act is repealed and the following is substituted:
38(3)If a patient has appointed an attorney for property under the Enduring Powers of Attorney Act, the Public Trustee, despite receipt of the certificate referred to in paragraph (2)(a) or the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate in relation to which the attorney for property has authority, nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
31(4)The heading “Voiding of power of attorney” preceding section 46 of the Act is repealed and the following is substituted:
Suspending or voiding of power of attorney
31(5)Section 46 of the Act is repealed and the following is substituted:
46(1)On the Public Trustee becoming committee of the estate of a person by an order made under this Act or by an appointment under subsection 36(5)
(a) the authority of any attorney for property appointed by the person under the Enduring Powers of Attorney Act is suspended until the Public Trustee ceases to be committee of the estate, and
(b) any power of attorney of the person other than an enduring power of attorney under the Enduring Powers of Attorney Act is void.
46(2)On the Public Trustee becoming committee of the estate of a person under this Act, other than by an order made under this Act or by an appointment under subsection 36(5), any power of attorney of the person other than an enduring power of attorney under the Enduring Powers of Attorney Act is void.
Nursing Homes Act
32Paragraph 14(3)(b.1) of the Nursing Homes Act, chapter 125 of the Revised Statutes, 2014, is repealed.
Personal Health Information Privacy and Access Act
33(1)Subsection 25(1) of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended
(a) in paragraph (c) by striking out “attorney for personal care appointed in accordance with the Infirm Persons Act or the individual’s attorney appointed under a power of attorney respecting property” and substituting “attorney for personal care or attorney for property appointed under an enduring power of attorney”;
(b) by repealing paragraph (c.1).
33(2)Paragraph 26(a) of the Act is amended by striking out “a power of attorney for personal care or other power of attorney” and substituting “an enduring power of attorney”.
Property Act
34(1)The heading “Definitions” preceding section 58.1 of the Property Act, chapter P-19 of the Revised Statutes, 1973, is repealed.
34(2)Section 58.1 of the Act is repealed.
34(3)The heading “Mental incompetence of donor” preceding section 58.2 of the Act is repealed.
34(4)Section 58.2 of the Act is repealed.
34(5)The heading “Mental incompetence of donor” preceding section 58.3 of the Act is repealed.
34(6)Section 58.3 of the Act is repealed.
34(7)The heading “Mental incompetence of donor” preceding section 58.4 of the Act is repealed.
34(8)Section 58.4 of the Act is repealed.
34(9)The heading “Mental incompetence of donor” preceding section 58.5 of the Act is repealed.
34(10)Section 58.5 of the Act is repealed.
34(11)The heading “Mental incompetence of donor” preceding section 58.6 of the Act is repealed.
34(12)Section 58.6 of the Act is repealed.
34(13)The heading “Mental incompetence of donor” preceding section 58.7 of the Act is repealed.
34(14)Section 58.7 of the Act is repealed.
Public Trustee Act
35Subsection 6(2) of the Public Trustee Act, chapter P-26.5 of the Acts of New Brunswick, 2005, is amended
(a) by repealing paragraph (c);
(b) by repealing paragraph (d.1).
Repeal
36The Advance Health Care Directives Act, chapter 46 of the Acts of New Brunswick, 2016, is repealed.
Commencement
37This Act comes into force on July 1, 2020.
N.B. This Act is consolidated to January 1, 2024.