Difference between revisions of "Public Guardian and Trustee Intervention in Home Care and Senior Housing"
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==Public Guardian and Trustee == | ==Public Guardian and Trustee == | ||
The Public Guardian and Trustee of BC (PGT) has authority to intervene where a vulnerable adult is facing abuse, neglect, or self-neglect, particularly when they are unable to manage their financial affairs, or when someone else is managing their financial affairs inappropriately. This includes misuse of a Power of Attorney or Representation Agreement. | The Public Guardian and Trustee of BC (PGT) has authority to intervene where a vulnerable adult is facing abuse, neglect, or self-neglect, particularly when they are unable to manage their financial affairs, or when someone else is managing their financial affairs inappropriately. This includes misuse of a Power of Attorney or Representation Agreement.([[{{PAGENAME}}#References|1]]) | ||
When you report a potentially abusive situation to the PGT, their staff will gather information and determine if further investigation is required. They can offer initial support by: | When you report a potentially abusive situation to the PGT, their staff will gather information and determine if further investigation is required. They can offer initial support by: | ||
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* there is a concern the adult may be incapable of managing their affairs; | * there is a concern the adult may be incapable of managing their affairs; | ||
* there is specific, urgent, or immediate need; and | * there is specific, urgent, or immediate need; and | ||
* no other suitable person is willing or able to act on the adult’s behalf. | * no other suitable person is willing or able to act on the adult’s behalf.([[{{PAGENAME}}#References|2]]) | ||
The PGT can investigate whether an existing substitute decision-maker is fulfilling their legal duties, explore options to protect and manage the adult’s financial affairs, and assess whether the adult faces serious enough risk to require the appointment of a substitute decision-maker. | The PGT can investigate whether an existing substitute decision-maker is fulfilling their legal duties, explore options to protect and manage the adult’s financial affairs, and assess whether the adult faces serious enough risk to require the appointment of a substitute decision-maker.([[{{PAGENAME}}#References|3]]) | ||
The PGT has the power to request from a substitute decision-maker the detailed financial, health, and personal records of the adult. If the PGT finds a substitute decision-maker is mishandling funds, they have the power to freeze the accounts affected and stop the sale or transfer of property. The PGT can appoint a new substitute decision-maker, or if no one else is available, act as the substitute decision-maker. | The PGT has the power to request from a substitute decision-maker the detailed financial, health, and personal records of the adult. If the PGT finds a substitute decision-maker is mishandling funds, they have the power to freeze the accounts affected and stop the sale or transfer of property. The PGT can appoint a new substitute decision-maker, or if no one else is available, act as the substitute decision-maker.([[{{PAGENAME}}#References|4]]) | ||
Note: In BC there is a non-profit organization called the Bloom Group which will manage the finances of low-income individuals for a nominal fee. | Note: In BC there is a non-profit organization called the Bloom Group which will manage the finances of low-income individuals for a nominal fee. | ||
==References== | ==References== | ||
# Public Guardian and Trustee of British Columbia, ”Assessment and Investigation Services”, online: <www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx>; ''Adult Guardianship Act,'' RSBC 1996, c 6, ss 47, 51, & 56, online: <canlii.ca/t/84gj>; ''Public Guardian and Trustee Act,'' RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>. | |||
# ''Public Guardian and Trustee Act,'' RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>. | |||
# ''Public Guardian and Trustee Act,'' RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>. | |||
# ''Public Guardian and Trustee Act,'' RSBC 1996, c 383, s 18-19, online: <canlii.ca/t/84b2>. | |||
{{REVIEWED | reviewer = Seniors First BC, February 2024}} | {{REVIEWED | reviewer = Seniors First BC, February 2024}} | ||
{{Navigating Home Care and Senior Housing: An Advocacy Guide Navbox}} | {{Navigating Home Care and Senior Housing: An Advocacy Guide Navbox}} |
Revision as of 22:31, 29 February 2024
Public Guardian and Trustee[edit]
The Public Guardian and Trustee of BC (PGT) has authority to intervene where a vulnerable adult is facing abuse, neglect, or self-neglect, particularly when they are unable to manage their financial affairs, or when someone else is managing their financial affairs inappropriately. This includes misuse of a Power of Attorney or Representation Agreement.(1)
When you report a potentially abusive situation to the PGT, their staff will gather information and determine if further investigation is required. They can offer initial support by:
- providing information about options available to help the adult;
- consulting on complex risk situations of abuse, neglect, or self-neglect; or
- starting an investigation, if needed.
The PGT will conduct an investigation if:
- there is a concern the adult may be incapable of managing their affairs;
- there is specific, urgent, or immediate need; and
- no other suitable person is willing or able to act on the adult’s behalf.(2)
The PGT can investigate whether an existing substitute decision-maker is fulfilling their legal duties, explore options to protect and manage the adult’s financial affairs, and assess whether the adult faces serious enough risk to require the appointment of a substitute decision-maker.(3)
The PGT has the power to request from a substitute decision-maker the detailed financial, health, and personal records of the adult. If the PGT finds a substitute decision-maker is mishandling funds, they have the power to freeze the accounts affected and stop the sale or transfer of property. The PGT can appoint a new substitute decision-maker, or if no one else is available, act as the substitute decision-maker.(4)
Note: In BC there is a non-profit organization called the Bloom Group which will manage the finances of low-income individuals for a nominal fee.
References[edit]
- Public Guardian and Trustee of British Columbia, ”Assessment and Investigation Services”, online: <www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx>; Adult Guardianship Act, RSBC 1996, c 6, ss 47, 51, & 56, online: <canlii.ca/t/84gj>; Public Guardian and Trustee Act, RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>.
- Public Guardian and Trustee Act, RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>.
- Public Guardian and Trustee Act, RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>.
- Public Guardian and Trustee Act, RSBC 1996, c 383, s 18-19, online: <canlii.ca/t/84b2>.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024. |
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