Public Guardian and Trustee Intervention in Home Care and Senior Housing

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.(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

1. Public Guardian and Trustee of British Columbia, “Assessment and Investigation Services,” online: <http://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: <http://canlii.ca/t/84gj>; “Public Guardian and Trustee Act,” RSBC 1996, c 383, s 17, online: <http://canlii.ca/t/84b2>.
2. “Public Guardian and Trustee Act,” RSBC 1996, c 383, s 17, online: <http://canlii.ca/t/84b2>.
3. “Public Guardian and Trustee Act,” RSBC 1996, c 383, s 17, online: <http://canlii.ca/t/84b2>.
4. “Public Guardian and Trustee Act,” RSBC 1996, c 383, s 18-19, online: <http://canlii.ca/t/84b2>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.