Difference between revisions of "Governing Legislation and Resources for Adult Guardianship (15:II)"

== '''A. List of Acronyms''' ==

:'''AD''' – Advance Directive

:'''AGA''' - Adult Guardianship Act

:'''LA''' – Limitations Act

== '''B. Governing Legislation''' ==

''Adult Guardianship Act'', RSBC 1996, c 6 [AGA]. 

 

''Adult Guardianship (Abuse and Neglect) Regulation'', BC Reg 13/2011 [AGR].  

''Family Law Act'', SBC 2011, c 25 [FLA].  

''Financial Institutions Act'', RSBC 1996, c141 [FIA].

''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181 [HCCFA].  

''Health Care Consent Regulations'', BC Reg 17/2011 [HCCR]

''Land Title Act'', RSBC 1996, c 250, ss 45, 51–57, 283(2) [LTA].  

''Patients Property Act'', RSBC 1996, c 349 [PPA].

''Power of Attorney Act'', RSBC 1996, c 370 [PAA].

''Property Law Act'', RSBC 1996, c 377, ss 16, 26–7 [PLA].  

''Public Guardian and Trustee Act'', RSBC 1996, c 383 [PGTA].  

''Representation Agreement Act'', RSBC 1996, c 405 [RAA].  

''Statutory Property Guardianship Regulation'', BC Reg 152/2018/2014 [SPGR].

 

''Trustee Act'', RSBC 1996, c 464 [TA].

== '''C. Secondary Sources''' ==

''A Guide to the Certificate of Incapability Process Under the Patients Property Act'', Public Guardian and Trustee of BC, May 1, 2016, online [http://www.trustee.bc.ca/reports-and-publications/Documents/A%20Guide%20to%20the%20Certificate%20of%20Incapability%20Process%20under%20the%20Adult%20Guardianship%20Act.pdf here].

''A Practical Guide to Elder Abuse and Neglect Law in Canada'', Canadian Centre for Elder Law, July 2011, online [http://www.bcli.org/sites/default/files/Practical_Guide_English_Rev_JULY_2011.pdf here].

''Act on Abuse and Neglect: A Guide to Prevent and Respond'', Vancouver Coastal Health, online [http://www.vch.ca/locations-services/result?res_id=1238 here].  

''Adult Guardianship Update'', Continuing Legal Education Society of British Columbia, 2007.  

''Decision Tree: Assisting an Adult Who is Abused, Neglected or Self Neglecting'', Public Guardian and Trustee of BC, May 2015, online [http://www.trustee.bc.ca/Documents/adult-guardianship/Decision%20Tree.pdf here]. See also the accompanying videos.

''Elder and Guardianship Mediation Report'', Canadian Centre for Elder Law, 2012, online [http://www.bcli.org/sites/default/files/EGM_Report_Jan_30_2012.pdf here].

''Elder Mediation'', Continuing Legal Education Society of British Columbia, 2012.

Note: there are a number of useful publications by searching “Elder Law” on the CLEBC website.

''Enduring Powers of Attorney: Areas for Reform'', Western Canada Law Reform Agencies, 2008, online [https://lawreformcommission.sk.ca/EPA_final.pdf here].

''How You Can Help: Option for Helping Adults Who Cannot Manage Financial and Legal Matters on Their Own'', Public Guardian and Trustee of BC, December 2014, online [http://www.trustee.bc.ca/documents/adult-guardianship/How%20You%20Can%20Help.pdf here].

''It’s Your Choice: Personal Planning Tools'', Public Guardian and Trustee of BC, December 2014, online [http://www.trustee.bc.ca/documents/STA/It's_Your_Choice-Personal_Planning_Tools.pdf here].  

''Life Matters Too: Incapacity Planning with Powers of Attorney and Representation Agreements'', Continuing Legal Education Society of BC, 2016.

''O’Brien’s Encyclopaedia of Forms'', 11th ed, V., c 34, 1988.  

This chapter is a good reference for examples of specific clauses one could include in a Power of Attorney document.  Copies are available at the Vancouver Public Library.

''Protecting Adults from Abuse, Neglect and Self Neglect'', Public Guardian and Trustee of BC, December 2014, online [http://www.trustee.bc.ca/Documents/adult-guardianship/Protecting%20Adults%20from%20Abuse,%20Neglect%20and%20Self%20Neglect.pdf here].

''Protecting Vulnerable Adults: Recent Legislative Reform'', Continuing Legal Education Society of British Columbia, 2014.  

''Public Guardianship & Trustee Handbook'', Continuing Legal Education Society of British Columbia, 2015 (Cunningham et al.).

''Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide'', BC Law Institute, October 2011, online [https://www.lawsociety.bc.ca/Website/media/Shared/docs/practice/resources/guide-wills.pdf here].  

''Review of Representation Agreements and Enduring Powers of Attorney: Undertaken for the Attorney General of the Province of British Columbia'', A J McClean, 2002. Online [http://www.llbc.leg.bc.ca/public/pubdocs/bcdocs/351806/mcclean-report.pdf here].  

''Services to Adults Assessment and Investigation Services'', Public Guardian and Trustee of BC, March 2015, online [http://www.trustee.bc.ca/documents/adult-guardianship/Assessment%20And%20Investigation%20Services.pdf here].  

''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton).  

== '''D. Resource Organizations''' ==

=== '''Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)''' ===

=== '''Canadian Center for Elder Law (CCEL)''' ===

CCEL is a national non-profit organization that conducts legal research, law reform, outreach and public education on the law as it relates to older adults. The CCEL has produced a number of practical tools and guidance for legal professionals, financial service providers, social workers, health care workers, caregivers, advocates, volunteers, and the public.

=== '''BC Association of Community Response Networks (BC CRNs)''' ===

CRNs are located throughout BC. They seek to increase community coordination in response to abuse and neglect, through a focus on community development, education, prevention, and advocacy. They work to establish networks of community and government agencies, and local businesses to facilitate these goals.  

=== '''Vancouver Coastal Health – Re:Act Adult Protection Program (VCH ReAct)''' ===

VVancouver Coastal Health is a Designated Agency under the AGA. VCH React provides educational materials to help health care providers recognize and respond to abuse, neglect and self-neglect of vulnerable adults. Each health authority has a similar program. The following contact and phone numbers are provided by the Public Guardian and Trustee website Assessment and Investigations page http://www.trustee.bc.ca/services/services-to-adults/Pages/assessment-and-investigation-services.aspx

*https://www.fraserhealth.ca/health-topics-a-to-z/adult-abuse-and-neglect/getting-help-for-adult-abuse-and-neglect#.W9vJ-GhKiUk  

*'''Interior Health:''' For direct community numbers visit https://www.interiorhealth.ca/FindUs/Pages/default.aspx

=== '''Nidus Personal Planning Resource Centre and Registry''' ===

Nidus provides public legal education on personal planning and related matters, specializing in Representation Agreements. They have made available on their website various factsheets and guides on personal planning matters, as well as self-help forms for creating Representation Agreements. Nidus also operates a centralized registry for personal planning documents, which allows for secure, online storage of planning documents and the option to allow third parties like hospitals and financial institutions to search for your record.  

=== '''Public Guardian and Trustee of BC''' ===

The Public Guardian and Trustee produces publications on various aspects of adult guardianship as noted above. The PGT can conduct investigations where there are concerns of financial abuse, neglect or self-neglect. The PGT acts as a committee, when required, and may agree to act as an attorney. The PGT may also make health care decisions as a Temporary Substitute Decision Maker. The PGT remains bound by statutory law, and is established under the ''Public Guardian and Trustee Act'', RSBC 1996, c 383 [PGTA].  

== '''E. Designated Agencies''' ==

In BC, anyone can make a report to a Designated Agency when there are concerns that an adult is experiencing abuse, neglect or self-neglect, and needs support or assistance to protect themselves. For more information about the statutory role of Designated Agencies and the Public Guardian and Trustee, refer to section '''[[Adult Abuse and Neglect (15:VIII)|VIII: Adult Abuse and Neglect]]''', below.  

The Designated Agencies for BC are: (see s 61 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [AGA], and the ''Designated Agencies Regulation'', BC Reg 38/2007 [DAR])

| phone = (250) 469-7070 <br />Toll Free: 1-844-870-4754

| phone = (250) 565-2649 <br />Toll Free: 1-866-565-2999 <br />Adult Protection Line: 250-565-7414 <br />Toll Free: 1-844-465-7414

| phone = St. Paul’s Hospital: (604) 862-2344 <br /> Mount St. Joseph’s Hospital: (604) 874-1141 <br /> Holy Family Hospital: (604) 321-2661