The following powers are bestowed upon a trustee if a resident signs the power of attorney:

If the trustee is of the opinion that:

– A resident is unable to make rational decisions or
– A resident has become a risk, embarrassment or burden for other residents or
– A resident not be able to make rational decisions due to illness or injury

then, the trustee may of his own accord:

– Appoint a caregiver for the resident’s account and/or
– Place the resident in a facility for temporary or permanent and/or
– To ask the help of medical professionals in respect of the resident.

A document such as the one above may cause several legal issues. Based on such a document a trustee may act according make certain major decisions based on his/her own discretion regarding a resident’s abilities.

Instead of having residents sign a power of attorney, trustees of a retirement village should consider approaching the particular resident’s family and request them to consider a Rule 58 curatorship application if they are concerned about such resident.

A curatorship application is aimed at assisting persons with their personal and/or financial affairs where a court has found the person not able to administer his/her affairs any longer.


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