Many families don’t realize this until they’re already in a crisis…
If a loved one has a disability or medical condition that affects their ability to make decisions, and there is no Power of Attorney in place, you are not automatically able to step in and make decisions for them.
In New Brunswick, the Supported Decision-Making and Representation Act provides several options for families and caregivers, depending on the person’s abilities and needs.
Read more about options you can have. Our firm regularly helps families navigate these decisions with clarity and care.
In New Brunswick, the Supported Decision-Making and Representation Act offers options that include:
- Supported decision-making, where the person retains decision-making authority but receives help understanding and communicating choices.
- Representation arrangements, where a representative is formally appointed to make certain decisions.
- Court-appointed guardianship, which may be appropriate in more complex situations.
Each option has different legal thresholds, responsibilities, and long-term implications. What works for one family may not be appropriate for another.
The important thing to know is this: you do have options, even if planning was never put in place.
Speaking with a lawyer can help you:
- Understand which legal pathway fits your loved one’s situation
- Avoid unnecessary court involvement where possible
- Put protections in place that respect dignity, autonomy, and legal requirements
A brief conversation can often bring peace of mind and direction, even when the situation feels overwhelming.
Planning isn’t about taking control away. It’s about making sure the right support is in place when it’s needed most.
Since 2016, I’ve had the privilege of working for Correia & Collins. First as a student, then as an articled clerk, and now as a lawyer. I have found great pride in problem-solving for clients and guiding them through complex legal problems to achieve the best possible outcomes. Through this experience, I know the importance of having an effective lawyer.
