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access
a privilege which recognizes the right of and benefit to a child to spend time with an individual such as a parent who is not living with the childaccess order
a court order that provides for contact between a dependent and the person applying for contact, such as visits, phone calls, emails, mailaccount
the act of proving what one has done to meet one’s responsibilities administrator: the person appointed by the court to fill a role, e.g. the role of executor if none was named in the will of a deceased personAdult Capacity and Decision-making Act
the Nova Scotia law that allows a judge to appoint a representative for an adult who cannot make some or all of their own decisions.affidavit
a legal statement that is sworn or affirmed before a Commissioner of Oaths or a notary public affidavit of execution: a statement sworn by a witness about the signing of a documentassessor
a doctor or psychologist has the power to assess an adult’s capacity under the Adult Capacity and Decision-making Act. With training, an occupational therapist,nurse, social worker, or other qualified health care professional can assess capacity.
asset
A legal term for property. This can mean anything of value, such as a house, vehicle, or bank account.attorney
the person who receives the authority to act on another’s behalf. This person is not necessarily a lawyer.beneficiary
a person who receives property through a will as an inheritance. The plural is beneficiaries. Also called an heir.capacity
to be competent to perform a specific task, such as agreeing to a medical procedure. Also see testamentary capacity.capacity assessment
testing by a health care professional (assessor) to find out if a person has the ability to make important decisions on their own.capacity assessment report
a report by a health care professional (assessor) to explain whether an adult can make important decisions on their own. The report may also include information from other sources, like family and friends.cohabitation agreement
a written agreement between a couple who are living or plan to live together which sets out their rights and responsibilities to one anothercommon law partner
a person in an unregistered live-in relationship with a partner of the same or opposite sex. See common law relationship.common law relationship
an unregistered live-in relationship with a partner of the same or opposite sexcompetent
a legal term which means to be of sound mind and able to make reasonable decisions. Also see incompetent person.conciliation
a process in family court for negotiating a custody or access agreement between two parties with assistance from a conciliator talking to the parties separatelyconsent
Before engaging in sexual activity with someone, the law requires that you take reasonable steps to be sure the other person agrees freely and voluntarily.consent order
the name of the agreement reached between two parties when the issue is resolved using mediation or conciliationcontact time
the time a child spends with someone other than their parent or guardian because of a court order or agreement. This can be a grandparent, or anyone else who is close to the child. It is a term used in Nova Scotia’s Parenting and Support Act. See access, parenting time.cyberbullying
when someone uses electronic communication, like email, text messaging, or social media, to harm your health or well-beingdelegate
the person legally authorized to make decisions for another person. Also informally called a proxy.dependent
a person whom another person is under a legal obligation to support, such as a spouse or a child under age 19enduring power of attorney
a legal document which authorizes a person, called a delegate, or company to act on behalf of another person, even if the person becomes mentally incapacitated or incompetent. One type of power of attorney.enforcement order
a particular kind of court order which gives the police the power to enforce a contact orderexecutor
the person named in the will of a person who has died, responsible for seeing that everything is handled properlyguardian
a person who had applied to the court for guardianship of an adult under the old Incompetent Persons Act. Now considered to be a representative under the Adult Capacity and Decision-making Act. A guardian made all decisions for an adult under their care; a representative makes only the decisions the adult cannot make.identity theft
the illegal act of using personal information, for example personal identification numbers or Social Insurance Numbers, to steal from a personincompetent person
anyone who is legally incapable of managing their own affairs because of mental infirmity. This may be as a result of an accident, disease, or psychiatric illness.instruction directive
a person’s expression of wishes for health care measures they want taken for them if they become unable to express their wishes themselves, as laid out in a personal directiveinteraction
communicating with a child outside of parenting time or contact time. Includes phone calls, emails, or letters, sending gifts or cards, attending the child’s school activities or other activities, receiving copies of report cards or schoolphotos, video chats
joint tenancy
a type of ownership of property in which each person has equal ownership. See tenancy in common.least intrusive
a representative must not interfere with the privacy and freedom of an adult in need of representation unless absolutely necessary.living will
a form of instruction directive in which a person sets out one’s wishes for health care measures they do or do not want if they become unable to communicate. In Nova Scotia the term used is a personal healthcare directive.marriage contract
a prenuptial agreement between two persons who are planning to marry to one anothermediation
a process for using a neutral third party (the mediator) to help two parties come to an agreementmedical consent
an agreement to a medical treatment or procedure. It can be a signed document which shows agreement to your own medical treatment or sometimes it can be verbal or implied; for example, when you roll up your sleeve to give a blood sampleneglect
the failure to provide a person to whom you owe responsibility with what he or she needs, for example adequate food, medical attention, shelter, assistance, care, or clothing. A form of abusenotary public
a person, usually a lawyer, who serves the public in drawing up and certifying legal documents, and authenticating documents as validparenting time
the time a child spends with a parent or guardian because of a court order or agreement. It is a term used in Nova Scotia’s Parenting and Support Act.permanent care
the placement of a child in care which resembles that of wise and conscientious parentspersonal directive
a type of advance health care directive which allows you to authorize someone else to make decisions about personal care and consent to medical treatment on your behalfphishing
a scam used by identity thieves, such as an email which threatens serious consequences if you don’t immediately update personal electronic informationpower of attorney
a legal document in which you give another person authority to act on your behalf during your lifetime. Also called ordinary power of attorney.proxy
a person who acts as the decision maker. If a person becomes unable to consent to treatment, a proxy has the authority to make health care decisions for that person.proxy directive
the appointment of a person to act as the decision maker, or proxy, as laid out in your advance health care directive, if you become unable to consent to treatmentPublic Trustee
the provincial office which has authority to act for people in certain situations if they are unable to care for their own affairs, for example, mentally incompetent personsregistered domestic partnership
a declaration filed with the Province of Nova Scotia by two people of the same or opposite sex who are living in a conjugal relationshiprenunciation
a refusal to act or fulfill a function to which you have has been named, such as refusing to act as an executor.representative
a person with legal authority to make decisions for another adult under the Adult Capacity and Decision-making Act.representation plan
a plan to manage the well-being and financial matters of an adult who cannot manage those matters for themselves.residuary
any property remaining after all specified gifts in a will have been paid or given to one or more beneficiaryretainer
the payment of an advance fee paid to a professional who will act for you, such as a lawyerseeking leave of the court:
getting the court’s permission to make an application to ask it for something, such as custody.senior abuse
any action which threatens the health, security, or well-being of an older person. Also called elder abuse.serve
properly notify a person of a court proceeding. Personal service is where someone hand delivers the court documents directly to that person to notify them of a court proceeding. Personal service cannot be done my mail, courier, fax or registered mailshoulder surf
a tactic used by identity thieves who watch as you punch your access codes and passwords on ATMs, debit machines, telephones, and computersspecific power of attorney
a power of attorney that limits exactly what authority you give to your attorneyspringing power of attorney
a specialized enduring power of attorney document which says what future event will cause it to come or “spring” into effect. Also see power of attorney.tenancy in common
a type of joint ownership of property in which two or more people each own part of a shared asset. Their shares may not have the same value. Each owner can use their share how they like or sell it without permission from any other owner. See joint tenancy.testamentary capacity
to be mentally competent to make a will. Also called “being of sound mind.” Also see testator.trust company
a corporation organized to perform legal duties, such as a trustee in managing estatestrustee
someone who has legal responsibility to manage something, such as property, because of a court order or other legal documenttrustee in bankruptcy
court-appointed trustee who administers the affairs of a bankrupt company or person. Also called Licensed Insolvency TrusteeLast reviewed: September 2021