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

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{{LSLAP Manual TOC|expanded = guardianship}}
{{LSLAP Manual TOC|expanded = guardianship}}


== A. Governing Legislation ==
== '''A. List of Acronyms''' ==


''Adult Guardianship Act'', RSBC 1996, c 6 [AGA].
:'''AD''' – Advance Directive
:'''AGA''' - Adult Guardianship Act
:'''AGR''' - Adult Guardianship (Abuse & Neglect) Regulation
:'''DAR''' – Designated Agencies Regulation
:'''EPOA''' – Enduring Power of Attorney
:'''FIA''' – Financial Institutions Act
:'''HCCFA''' – Heath Care (Consent) & Care Facility (Admission) Act
:'''HCCR''' – Health Care Consent Regulation
:'''HPA''' – Health Professions Act
:'''LA''' – Limitations Act
:'''LTA''' – Land Title Act
:'''PAA''' – Power of Attorney Act
:'''PAR''' – Power of Attorney Regulations
:'''PGT''' – Public Guardian and Trustee
:'''PGTA''' – Public Guardianship and Trustee Act
:'''PLA''' – Property Law Act
:'''POA''' – Power of Attorney
:'''PPA''' – Patients Property Act
:'''PPAR''' – Patients Property Act Rules
:'''RA''' – Representation Agreement
:'''RAA''' – Representation Agreement Act
:'''RAR''' – Representation Agreement Regulation
:'''RPP''' – Registered Pension Plan
:'''RRIF''' – Registered Retirement Income Fund
:'''RRSP''' – Registered Retirement Savings Plan
:'''SCC'''R- Supreme Court Civil Rules
:'''SPGR''' – Statutory Property Guardianship Regulation
:'''TA''' – Trustee Act
:'''TSDM''' – Temporary Substitute Decision Maker
:'''WESA''' – Wills Estates and Succession Act


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


''Business Corporations Act'', SBC 2002, c 57, ss 386–396 [BCA].
''Adult Guardianship Act'', RSBC 1996, c 6 [AGA]. 
 
''Adult Guardianship (Abuse and Neglect) Regulation'', BC Reg 13/2011 [AGR].  


''Designated Agencies Regulation'', BC Reg 38/2007 [DAR].  
''Designated Agencies Regulation'', BC Reg 38/2007 [DAR].  


''Evidence Act'', RSBC 1996, c 124 [EA].
''Family Law Act'', SBC 2011, c 25 [FLA].  


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


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


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


''Limitation Act'', SBC 2012, c 13, ss 1, 11, 19–21, 24–26 [LA].  
''Limitation Act'', SBC 2012, c 13, ss 1, 11, 19–21, 24–26 [LA].  


''Mental Health Act'', RSBC 1996, c 288 [MHA].
''Patients Property Act'', RSBC 1996, c 349 [PPA].
 
''Patients Property Act'', RSBC 1996, c 349 [PPA].


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


''Power of Attorney Regulations'', BC Reg 111/2011 [PAR].  
''Power of Attorney Regulations'', BC Reg 111/2011 [PAR].  


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


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


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


''Representation Agreement Regulations'', BC Reg 162/2011 [RAR].  
''Representation Agreement Regulations'', BC Reg 162/2011 [RAR].  


''Statutory Property Guardianship Regulation'', BC Reg 203/2014[SPGR].  
''Statutory Property Guardianship Regulation'', BC Reg 152/2018/2014 [SPGR].
 
''Trustee Act'', RSBC 1996, c 464 [TA].


''Wills, Estates, and Succession Act'', SBC 2009, c 13 [WESA].  
''Wills, Estates, and Succession Act'', SBC 2009, c 13 [WESA].  


== B. Secondary Sources of Law and Practice ==
== '''C. Secondary Sources''' ==


''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2014 (Bogardus, Wetzel & Hamilton).
''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].
 
''Adult Guardianship Update'', Continuing Legal Education Society of British Columbia, 2007.  


''Incapacity Planning: The New Law'', Continuing Legal Education Society of British Columbia, 2011.  
''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].


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


:This chapter is a good reference for examples of specific clauses one could include in a Power of Attorney document.  
''Adult Guardianship Update'', Continuing Legal Education Society of British Columbia, 2007.  


''Enduring Powers of Attorney: Areas for Reform, Western Canada Law Reform Agencies, 2008, online at: http://www.alri.ualberta.ca/docs/WCLRA%20epa%20fr.pdf [Note: an update is expected in the summer/fall of 2015]
''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.


''Powers of Attorney Act: Discussion Paper'', Law Reform Commission of Nova Scotia, March 2014, online at:  http://lawreformcommission.sk.ca/EPA_final.pdf
''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].


''Review of Representation Agreements and Enduring Powers of Attorney: Undertaken for the Attorney General of the Province of British Columbia'', A J McClean, 2002.  
''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.


''Adult Guardianship and Elder Law Issues'', Continuing Legal Education Society of British Columbia, 2002. [Note that 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].


''Take Charge-It’s Your Life!'' (Make a Representation Agreement), The Representation Agreement Resource Centre & The People’s Law School,   Vancouver, July 2002, online at http://www.nidus.ca/PDFs/Tk_Chrge.pdf.  
''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 at http://www.trustee.bc.ca/documents/STA/It's_Your_Choice-Personal_Planning_Tools.pdf.  
''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].  


''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 at http://www.trustee.bc.ca/documents/adult-guardianship/How%20You%20Can%20Help.pdf.
''Life Matters Too: Incapacity Planning with Powers of Attorney and Representation Agreements'', Continuing Legal Education Society of BC, 2016.


''The Interplay Between Aging, Death & Divorce'', Continuing Legal Education Society of British Columbia, 2013.
''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.
''Provincial Strategy Document: Vulnerable Adults and Capability in BC'', BC Adult Abuse and Neglect Prevention Collaborative, 2009, online at http://www.bcli.org/sites/default/files/Vanguard_(16May09).pdf. [Note: this document does not reflect current BC legislation]
 
''Elder Mediation'', Continuing Legal Education Society of British Columbia, 2012.  
 
''Elder and Guardianship Mediation Report, Canadian Centre for Elder Law, 2012, online at http://www.bcli.org/sites/default/files/EGM_Report_Jan_30_2012.pdf.
 
''A Guide to the Certificate of Incapability Process Under the Patients Property Act'', Public Guardian and Trustee of BC, December 2014, online at  
[http://www.trustee.bc.ca/reports-and-publications/Documents/A%20Guide%20to%20the%20Certificate%20of%20Incapability%20Process%20under%20the%20Adult%20Guardianship%20Act.pdf http://www.trustee.bc.ca].
 
''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 at http://www.lawsociety.bc.ca/docs/practice/resources/guide-wills.pdf.  
''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].


''A Practical Guide to Elder Abuse and Neglect Law in Canada'', Canadian Centre for Elder law, July 2011, online at http://www.bcli.org/sites/default/files/Practical_Guide_English_Rev_JULY_2011.pdf. [Expected update in summer/fall 2015].  
''Protecting Vulnerable Adults: Recent Legislative Reform'', Continuing Legal Education Society of British Columbia, 2014.  


''Act on Abuse and Neglect: A Guide to Prevent and Respond'', Vancouver Coastal Health, online at http://www.vchreact.ca/attachments/react_manual_fn.pdf.  
''Public Guardianship & Trustee Handbook'', Continuing Legal Education Society of British Columbia, 2015 (Cunningham et al.).


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


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


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


''Protecting Vulnerable Adults: Recent Legislative Reform'', Continuing Legal Education Society of British Columbia, 2014.
''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton).  


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


=== BC Centre for Elder Advocacy and Support (BCCEAS) ===
=== '''Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)''' ===
BCCEAS is a provincial organization dedicated to providing legal information on issues related to older adults and the law, particularly issues involving abuse, Powers of Attorney, Representation Agreements, and consumer fraud. BCCEAS also staffs an Elder Law clinic that provides free legal services to older adults who would not otherwise be able to access justice due to low income or other barriers.
Seniors First BC is a provincial organization dedicated to providing legal information on issues related to older adults and the law, particularly issues involving abuse, Powers of Attorney, Representation Agreements, and consumer fraud. Seniors First BC also staffs an Elder Law clinic that provides free legal services to older adults who would not otherwise be able to access justice due to low income or other barriers.  
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 380 - 1199 West Pender Street <br /> Vancouver, BC V6E 2R1
| address = 150-900 Howe Street <br /> Vancouver, BC V6Z 2M4
| phone = Seniors Advocacy and  Information Line (Confidential) <br /> Toll Free: 1-866-437-1940 <br /> (604) 437-1940 <br /> Fax: (604) 437-1929
| phone = Seniors Abuse and  Information Line (Confidential) <br /> Toll Free: 1-866-437-1940 <br /> (604) 437-1940 <br /> Fax: (604) 437-1929
| online = [http://bcceas.ca/ Website] <br /> Email: info@bcceas.ca
| online = [http://seniorsfirstbc.ca/ Website] <br /> Email: info@seniorsfirstbc.ca
}}
}}


=== Canadian Center for Elder Law (CCEL) ===
=== '''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.
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.
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = Faculty of Law, University of British Columbia <br /> 1822 East Mall <br /> Vancouver, BC V6T 1Z1
| address = Faculty of Law, University of British Columbia <br /> 1822 East Mall <br /> Vancouver, BC V6T 1Z1
Line 114: Line 134:
}}
}}


=== BC Association of Community Response Networks (BC CRNs) ===
=== '''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.
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.  
{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = Fax: (604) 531-9498
| online = [http://www.bccrns.ca Website]
| online = [http://www.bccrns.ca Website]
}}
}}


=== Vancouver Coastal Health – Re:Act Adult Protection Program (VCH ReAct) ===
=== '''Vancouver Coastal Health – Re:Act Adult Protection Program (VCH ReAct)''' ===
Vancouver Coastal Health is a Designated Agency under the ''Adult Guardianship Act'', RSBC 1996, c 6 [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
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
*'''Fraser Health:''' 1-877-REACT-08 (1-877-732-2808)   
*'''Fraser Health:''' 1-877-REACT-08 (1-877-732-2808)   
*http://www.fraserhealth.ca/your_care/adult_abuse_and_neglect/getting_help/getting_help  
*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 http://www.interiorhealth.ca/report.aspx
*'''Interior Health:''' For direct community numbers visit https://www.interiorhealth.ca/FindUs/Pages/default.aspx
*'''Northern Health:''' Prince George Adult Protection Line 250.565.7414  
*'''Northern Health:''' Prince George Adult Protection Line 250.565.7414  
*'''Vancouver Island Health Authority:'''
*'''Vancouver Island Health Authority:'''
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**Central Island: 1.877.734.4101  
**Central Island: 1.877.734.4101  
**North Island: 1.866.928.4988  
**North Island: 1.866.928.4988  
{{ResourcesLSLAP
| address = Corporate Office <br /> 11th Floor, 601 West Broadway <br /> Vancouver, BC V5Z 4C2
| phone = Toll Free: 1-877-REACT-99 <br /> (604) 904-6173 <br /> Fax: (604) 904-6179
| online = [http://www.vchreact.ca  Website] <br /> E-mail: react@vch.ca
}}


=== Nidus Personal Planning Resource Centre and Registry ===
=== '''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.
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.  
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 1440 West 12th Avenue <br /> Vancouver BC V6H 1M8
| address = 1440 West 12th Avenue <br /> Vancouver BC V6H 1M8
Line 145: Line 159:
}}
}}


=== Public Guardian and Trustee of BC ===
=== '''Public Guardian and Trustee of BC''' ===
The Public Guardian and Trustee produces publications on various aspects of adult guardianship as noted above. The Public Guardian  and Trustee can conduct investigations where there are concerns of financial abuse, neglect or self-neglect. The Public Guardian and Trustee acts as a committee, when required, and may agree to act as an Attorney. The Public Guardian and Trustee may also make health care decisions as a Temporary Substitute Decision Maker. The Public Guardian and Trustee remains bound by statutory law, and is established under the ''Public Guardian and Trustee Act'', RSBC 1996, c 383 [PGTA].
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].  
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 700 - 808 West Hastings Street <br /> Vancouver, BC V6C 3L3
| address = 700 - 808 West Hastings Street <br /> Vancouver, BC V6C 3L3
Line 153: Line 167:
}}
}}


== D. Designated Agencies ==
== '''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 [[Adult Abuse and Neglect (15:VIII) | section VIII: Adult Abuse and Neglect]].  
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 [RAA],and the ''Designated Agencies Regulation'', BC Reg 38/2007 [DAR])
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])


'''Community Living BC'''
'''Community Living BC'''
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{{ResourcesLSLAP_phoneonline  
{{ResourcesLSLAP_phoneonline  
| phone = (250) 862-4200
| phone = (250) 469-7070 <br />Toll Free: 1-844-870-4754
| online = [http://www.interiorhealth.ca/ Website]
| online = [http://www.interiorhealth.ca/ Website]
}}
}}
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{{ResourcesLSLAP_phoneonline  
{{ResourcesLSLAP_phoneonline  
| phone = (250) 565-2649
| 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
| online = [http://www.northernhealth.ca/ Website]
| online = [http://www.northernhealth.ca/ Website]
}}
}}
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{{ResourcesLSLAP_phoneonline  
{{ResourcesLSLAP_phoneonline  
| phone = St. Paul’s Hospital: (604) 806-8739 <br /> Mount St. Joseph’s Hospital: (604) 877-8377 <br /> Holy Family Hospital: (604) 322-2311
| phone = St. Paul’s Hospital: (604) 862-2344 <br /> Mount St. Joseph’s Hospital: (604) 874-1141 <br /> Holy Family Hospital: (604) 321-2661
| online = [http://www.providencehealthcare.org Website]
| online = [http://www.providencehealthcare.org Website]
}}
}}




{{REVIEWED LSLAP | date= June 21, 2019}}
{{LSLAP Manual Navbox|type=chapters15-22}}
{{LSLAP Manual Navbox|type=chapters15-22}}

Latest revision as of 20:16, 23 November 2019

LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
15. Adult Guardianship
 · I. Introduction

 · II. Governing Legislation
 · III. Mental Capacity
 · IV. Substitute Decision Making
 · V. Adult Guardianship
 · VI. Adult Abuse and Neglect
 · VII. Sources and Resources
 · Appendix A: EPOA

 · Appendix B: Decision Tree on Adult Abuse and Neglect
v • d • e



A. List of Acronyms

AD – Advance Directive
AGA - Adult Guardianship Act
AGR - Adult Guardianship (Abuse & Neglect) Regulation
DAR – Designated Agencies Regulation
EPOA – Enduring Power of Attorney
FIA – Financial Institutions Act
HCCFA – Heath Care (Consent) & Care Facility (Admission) Act
HCCR – Health Care Consent Regulation
HPA – Health Professions Act
LA – Limitations Act
LTA – Land Title Act
PAA – Power of Attorney Act
PAR – Power of Attorney Regulations
PGT – Public Guardian and Trustee
PGTA – Public Guardianship and Trustee Act
PLA – Property Law Act
POA – Power of Attorney
PPA – Patients Property Act
PPAR – Patients Property Act Rules
RA – Representation Agreement
RAA – Representation Agreement Act
RAR – Representation Agreement Regulation
RPP – Registered Pension Plan
RRIF – Registered Retirement Income Fund
RRSP – Registered Retirement Savings Plan
SCCR- Supreme Court Civil Rules
SPGR – Statutory Property Guardianship Regulation
TA – Trustee Act
TSDM – Temporary Substitute Decision Maker
WESA – Wills Estates and Succession Act

B. Governing Legislation

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

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

Designated Agencies Regulation, BC Reg 38/2007 [DAR].

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].

Limitation Act, SBC 2012, c 13, ss 1, 11, 19–21, 24–26 [LA].

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

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

Power of Attorney Regulations, BC Reg 111/2011 [PAR].

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].

Representation Agreement Regulations, BC Reg 162/2011 [RAR].

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

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

Wills, Estates, and Succession Act, SBC 2009, c 13 [WESA].

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 here.

A Practical Guide to Elder Abuse and Neglect Law in Canada, Canadian Centre for Elder Law, July 2011, online here.

Act on Abuse and Neglect: A Guide to Prevent and Respond, Vancouver Coastal Health, online 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 here. See also the accompanying videos.

Elder and Guardianship Mediation Report, Canadian Centre for Elder Law, 2012, online 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 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 here.

It’s Your Choice: Personal Planning Tools, Public Guardian and Trustee of BC, December 2014, online 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 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 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 here.

Services to Adults Assessment and Investigation Services, Public Guardian and Trustee of BC, March 2015, online 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)

Seniors First BC is a provincial organization dedicated to providing legal information on issues related to older adults and the law, particularly issues involving abuse, Powers of Attorney, Representation Agreements, and consumer fraud. Seniors First BC also staffs an Elder Law clinic that provides free legal services to older adults who would not otherwise be able to access justice due to low income or other barriers.

Online Website
Email: info@seniorsfirstbc.ca
Address 150-900 Howe Street
Vancouver, BC V6Z 2M4
Phone Seniors Abuse and Information Line (Confidential)
Toll Free: 1-866-437-1940
(604) 437-1940
Fax: (604) 437-1929


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.

Online Website
E-mail: bcli@bcli.org
Address Faculty of Law, University of British Columbia
1822 East Mall
Vancouver, BC V6T 1Z1
Phone (604) 822-0142
Fax: (604) 822-0144


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.

Online Website
Phone


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

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.

Online Website
E-mail: info@nidus.ca
Address 1440 West 12th Avenue
Vancouver BC V6H 1M8
Phone (604) 408-7414
Toll Free: 1-877-267-5552
Fax: (604) 801-5506


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].

Online Website
E-mail: mail@trustee.bc.ca
Address 700 - 808 West Hastings Street
Vancouver, BC V6C 3L3
Phone (604) 660-4444
Fax: (604) 660-0374


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 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])

Community Living BC

Online Website
Phone (604) 664-0101
Toll Free: 1-877-660-2522


Vancouver Coastal Health Authority

Online Website
Phone (604) 736-2033
Toll Free: 1-866-884-0888


Fraser Health Authority

Online Website
Phone (604) 587-4600
Toll Free: 1-877-935-5669


Island Health Authority

Online Website
Phone (250) 370-8699
Toll Free: 1-877-370-8699


Interior Health Authority

Online Website
Phone (250) 469-7070
Toll Free: 1-844-870-4754


Northern Health Authority

Online Website
Phone (250) 565-2649
Toll Free: 1-866-565-2999
Adult Protection Line: 250-565-7414
Toll Free: 1-844-465-7414


Providence Health Care Society

Online Website
Phone St. Paul’s Hospital: (604) 862-2344
Mount St. Joseph’s Hospital: (604) 874-1141
Holy Family Hospital: (604) 321-2661



This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 21, 2019.
v • d • e
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.


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