50 (1) A power of attorney for personal care may contain one or more of the provisions described in subsection (2), but a provision is not effective unless both of the following circumstances exist: 1. At the time the power of attorney was executed or within 30 days afterwards, the grantor made a statement in the prescribed form indicating that he or she understood the effect of the provision and of subsection (4). 2. Within 30 days after the power of attorney was executed, an assessor made a statement in the prescribed form, i. indicating that, after the power of attorney was executed, the assessor performed an assessment of the grantor’s capacity, ii. stating the assessor’s opinion that, at the time of the assessment, the grantor was capable of personal care and was capable of understanding the effect of the provision and of subsection (4), and iii. setting out the facts on which the opinion is based.  1996, c. 2, s. 32 (1). List of provisions (2) The provisions referred to in subsection (1) are: 1. A provision that authorizes the attorney and other persons under the direction of the attorney to use force that is necessary and reasonable in the circumstances, i. to determine whether the grantor is incapable of making a decision to which the Health Care Consent Act, 1996 applies, ii. to confirm, in accordance with subsection 49 (2), whether the grantor is incapable of personal care, if the power of attorney contains a condition described in clause 49 (1) (b), or iii. to obtain an assessment of the grantor’s capacity by an assessor in any other circumstances described in the power of attorney. 2. A provision that authorizes the attorney and other persons under the direction of the attorney to use force that is necessary and reasonable in the circumstances to take the grantor to any place for care or treatment, to admit the grantor to that place and to detain and restrain the grantor in that place during the care or treatment. 3. A provision that waives the grantor’s right to apply to the Consent and Capacity Board under sections 32, 50 and 65 of the Health Care Consent Act, 1996 for a review of a finding of incapacity that applies to a decision to which that Act applies.  1996, c. 2, s. 32 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 50 (2) of the Act is amended by striking out “50 and 65” and substituting “50, 54.14 and 65”. (See: 2017, c. 25, Sched. 5, s. 73) Conditions and restrictions (3) A provision described in subsection (2) that is contained in a power of attorney for personal care is subject to any conditions and restrictions contained in the power of attorney that are consistent with this Act.  1996, c. 2, s. 32 (1). Revocation (4) If a provision described in subsection (2) is contained in a power of attorney for personal care and both of the circumstances described in subsection (1) exist, the power of attorney may be revoked only if, within 30 days before the revocation is executed, an assessor performed an assessment of the grantor’s capacity and made a statement in the prescribed form, (a) indicating that, on a date specified in the statement, the assessor performed an assessment of the grantor’s capacity; (b) stating the assessor’s opinion that, at the time of the assessment, the grantor was capable of personal care; and (c) setting out the facts on which the opinion is based.  1996, c. 2, s. 32 (1). Use of force (5) No action lies against an attorney, a police services board, a police officer or any other person arising from the use of force that is authorized by a provision described in subsection (2) that is effective under subsection (1).  1996, c. 2, s. 32 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (5) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 57 (2)) Section Amendments with date in force (d/m/y) 1996, c. 2, s. 32 (1, 2) - 29/03/1996 2017, c. 25, Sched. 5, s. 73 - not in force 2018, c. 3, Sched. 5, s. 59 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 57 (2) - not in force