33 (1) A person who is 16 years old or older and who is incapable with respect to a proposed treatment may apply to the Board for appointment of a representative to give or refuse consent on his or her behalf.  1996, c. 2, Sched. A, s. 33 (1). Application by proposed representative (2) A person who is 16 years old or older may apply to the Board to have himself or herself appointed as the representative of a person who is incapable with respect to a proposed treatment, to give or refuse consent on behalf of the incapable person.  1996, c. 2, Sched. A, s. 33 (2). Exception (3) Subsections (1) and (2) do not apply if the incapable person has a guardian of the person who has authority to give or refuse consent to the proposed treatment, or an attorney for personal care under a power of attorney conferring that authority.  1996, c. 2, Sched. A, s. 33 (3). Parties (4) The parties to the application are: 1. The incapable person. 2. The proposed representative named in the application. 3. Every person who is described in paragraph 4, 5, 6 or 7 of subsection 20 (1). 4. The health practitioner who proposed the treatment. 5. Any other person whom the Board specifies.  1996, c. 2, Sched. A, s. 33 (4). Appointment (5) In an appointment under this section, the Board may authorize the representative to give or refuse consent on the incapable person’s behalf, (a) to the proposed treatment; (b) to one or more treatments or kinds of treatment specified by the Board, whenever a health practitioner proposing that treatment or a treatment of that kind finds that the person is incapable with respect to it; or (c) to treatment of any kind, whenever a health practitioner proposing a treatment finds that the person is incapable with respect to it.  1996, c. 2, Sched. A, s. 33 (5). Criteria for appointment (6) The Board may make an appointment under this section if it is satisfied that the following requirements are met: 1. The incapable person does not object to the appointment. 2. The representative consents to the appointment, is at least 16 years old and is capable with respect to the treatments or the kinds of treatment for which the appointment is made. 3. The appointment is in the incapable person’s best interests.  1996, c. 2, Sched. A, s. 33 (6). Powers of Board (7) Unless the incapable person objects, the Board may, (a) appoint as representative a different person than the one named in the application; (b) limit the duration of the appointment; (c) impose any other condition on the appointment; (d) on any person’s application, remove, vary or suspend a condition imposed on the appointment or impose an additional condition on the appointment.  1996, c. 2, Sched. A, s. 33 (7). Termination (8) The Board may, on any person’s application, terminate an appointment made under this section if, (a) the incapable person or the representative requests the termination of the appointment; (b) the representative is no longer capable with respect to the treatments or the kinds of treatment for which the appointment was made; (c) the appointment is no longer in the incapable person’s best interests; or (d) the incapable person has a guardian of the person who has authority to consent to the treatments or the kinds of treatment for which the appointment was made, or an attorney for personal care under a power of attorney conferring that authority.  1996, c. 2, Sched. A, s. 33 (8).