Sources and Resources for Adult Guardianship (15:VII): Difference between revisions
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 2, 2024}} | ||
{{LSLAP Manual TOC|expanded = guardianship}} | {{LSLAP Manual TOC|expanded = guardianship}} | ||
''A Guide to the Certificate of Incapability Process Under the Patients Property Act'', Public Guardian and Trustee of BC, May 1, 2016, online at | ''A Guide to the Certificate of Incapability Process Under the Patients Property Act'', Public Guardian and Trustee of BC, May 1, 2016, online at https://www.trustee.bc.ca/adults/certificate-incapability-process-healthcare-professionals | ||
''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. | ''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. | ||
''Act on Abuse and Neglect: A Guide to Prevent and Respond'', Vancouver Coastal Health, online at | ''Act on Abuse and Neglect: A Guide to Prevent and Respond'', Vancouver Coastal Health, online at https://www.vch.ca/sites/default/files/import/documents/ReAct-Manual.pdf. | ||
''Adult Guardianship Update'', Continuing Legal Education Society of British Columbia, 2007. | ''Adult Guardianship Update'', Continuing Legal Education Society of British Columbia, 2007. Online at https://online.cle.bc.ca/CoursesOnDemand/ContentByCourse/Papers?courseId=4029. | ||
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''Elder and Guardianship Mediation Report'', Canadian Centre for Elder Law, 2012, online at | ''Elder and Guardianship Mediation Report'', Canadian Centre for Elder Law, 2012, online at | ||
https://eapon.ca/wp-content/uploads/2021/09/Elder-and-Guardianship-mediation-Report_Jan_30_2012.pdf. | |||
''Elder Mediation'', Continuing Legal Education Society of British Columbia, 2012. | ''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. | Note: there are a number of useful publications by searching "Elder Law" on the CLEBC website: https://online.cle.bc.ca/CoursesOnDemand/ContentByPracticeArea/Papers?taxonomyId=647. | ||
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''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 | ''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 | ||
https://www.trustee.bc.ca/documents/adult-guardianship/How%20You%20Can%20Help.pdf. | |||
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''Life Matters Too: Incapacity Planning with Powers of Attorney and Representation Agreements'', Continuing Legal Education Society of BC, 2016. | ''Life Matters Too: Incapacity Planning with Powers of Attorney and Representation Agreements'', Continuing Legal Education Society of BC, 2016. Online at: https://online.cle.bc.ca/CoursesOnDemand/ContentByCourse/Papers?courseId=4615. | ||
''O’Brien’s Encyclopaedia of Forms'', 11th ed, V., c 34, 1988. | ''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. | 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 at | ''Protecting Adults from Abuse, Neglect and Self Neglect'', Public Guardian and Trustee of BC, December 2014, online at | ||
https://www.trustee.bc.ca/Documents/adult-guardianship/Protecting%20Adults%20from%20Abuse,%20Neglect%20and%20Self%20Neglect.pdf. | |||
''Public Guardianship & Trustee Handbook'', Continuing Legal Education Society of British Columbia, 2015 (Cunningham et al.). | ''Public Guardianship & Trustee Handbook'', Continuing Legal Education Society of British Columbia, 2015 (Cunningham et al.). Online at: https://store.cle.bc.ca/products.aspx?search=Public+Guardian+and+Trustee+Handbook. | ||
''Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide'', BC Law Institute, October 2011, online at | ''Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide'', BC Law Institute, October 2011, online at https://www.bcli.org/sites/default/files/undue%20influence_guide_final_cip.pdf. | ||
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''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton). | ''Wills Precedents: An Annotated Guide'', Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton). Online at https://www.cle.bc.ca/wills-and-personal-planning-precedents-an-annotated-guide/. | ||
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'''Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)''' | '''Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)''' | ||
150-900 Howe Street | #150-900 Howe Street | ||
Vancouver, BC V6Z 2M4 | Vancouver, BC V6Z 2M4 | ||
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'''Seniors Abuse and | '''Seniors Abuse and Information Line (Confidential)''' | ||
Information Line (Confidential)''' | |||
Toll Free: 1-866-437-1940 | Toll Free: 1-866-437-1940 | ||
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Email: info@seniorsfirstbc.ca | Email: info@seniorsfirstbc.ca | ||
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 | 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 | ||
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E-mail: ccels@bcli. org | E-mail: ccels@bcli. org | ||
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. | ||
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E-mail: react@vch.ca | E-mail: react@vch.ca | ||
Vancouver 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); react@fraserhealth.ca | |||
: 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/information-for/seniors/adult-abuse-and-neglect | |||
* '''Northern Health''': Prince George Adult Protection Line 250-565-7414 | |||
* '''Vancouver Island Health Authority''': | |||
:* South Island: 1-888-533-2273 | |||
:* Central Island: 1-877-734-4101 | |||
:* North Island: 1-866-928-4988 | |||
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E-mail: mail@trustee.bc.ca | E-mail: mail@trustee.bc.ca | ||
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'']. | |||
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=== B. Designated Agencies === | === B. 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 | 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:VI)|VI: Adult Abuse and Neglect]]. | ||
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'']) | 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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Toll-Free: 1-877-935-5669 | Toll-Free: 1-877-935-5669 | ||
Website: http://www.fraserhealth. ca | Website: http://www.fraserhealth.ca | ||
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Holy Family Hospital—Phone: (604) 321-2661 | Holy Family Hospital—Phone: (604) 321-2661 | ||
Website: http://www.providencehealthcare. org | Website: http://www.providencehealthcare.org | ||
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Latest revision as of 00:31, 3 September 2024
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on September 2, 2024. |
A Guide to the Certificate of Incapability Process Under the Patients Property Act, Public Guardian and Trustee of BC, May 1, 2016, online at https://www.trustee.bc.ca/adults/certificate-incapability-process-healthcare-professionals
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.
Act on Abuse and Neglect: A Guide to Prevent and Respond, Vancouver Coastal Health, online at https://www.vch.ca/sites/default/files/import/documents/ReAct-Manual.pdf.
Adult Guardianship Update, Continuing Legal Education Society of British Columbia, 2007. Online at https://online.cle.bc.ca/CoursesOnDemand/ContentByCourse/Papers?courseId=4029.
Decision Tree: Assisting an Adult Who is Abused, Neglected or Self Neglecting, Public Guardian and Trustee of BC, May 2015, online with accompanying videos at
http://www.trustee.bc.ca/Documents/adult-guardianship/Decision%20Tree.pdf.
Elder and Guardianship Mediation Report, Canadian Centre for Elder Law, 2012, online at
https://eapon.ca/wp-content/uploads/2021/09/Elder-and-Guardianship-mediation-Report_Jan_30_2012.pdf.
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: https://online.cle.bc.ca/CoursesOnDemand/ContentByPracticeArea/Papers?taxonomyId=647.
Enduring Powers of Attorney: Areas for Reform, Western Canada Law Reform Agencies, 2008, online at https://lawreformcommission.sk.ca/EPA_final.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 at
https://www.trustee.bc.ca/documents/adult-guardianship/How%20You%20Can%20Help.pdf.
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.
Life Matters Too: Incapacity Planning with Powers of Attorney and Representation Agreements, Continuing Legal Education Society of BC, 2016. Online at: https://online.cle.bc.ca/CoursesOnDemand/ContentByCourse/Papers?courseId=4615.
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 at
https://www.trustee.bc.ca/Documents/adult-guardianship/Protecting%20Adults%20from%20Abuse,%20Neglect%20and%20Self%20Neglect.pdf.
Public Guardianship & Trustee Handbook, Continuing Legal Education Society of British Columbia, 2015 (Cunningham et al.). Online at: https://store.cle.bc.ca/products.aspx?search=Public+Guardian+and+Trustee+Handbook.
Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide, BC Law Institute, October 2011, online at https://www.bcli.org/sites/default/files/undue%20influence_guide_final_cip.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 at
http://www.llbc.leg.bc.ca/public/pubdocs/bcdocs/351806/mcclean-report.pdf.
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.
Wills Precedents: An Annotated Guide, Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton). Online at https://www.cle.bc.ca/wills-and-personal-planning-precedents-an-annotated-guide/.
A. Resource Organizations
Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)
- 150-900 Howe Street
Vancouver, BC V6Z 2M4
Telephone: 604-688-1927
Seniors Abuse and Information Line (Confidential)
Toll Free: 1-866-437-1940
Telephone: (604) 437-1940
Fax: (604) 437-1929
Website: http://seniorsfirstbc.ca/
Email: info@seniorsfirstbc.ca
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
Canadian Center for Elder Law (CCEL) Faculty of Law, University of British Columbia
1822 East Mall
Vancouver, BC V6T 1Z1
Telephone: (604) 822-0142
Fax: (604) 822-0144
Website: http://www.bcli.org/ccel
E-mail: ccels@bcli. org
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)
Website: http://www.bccrns.ca
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 – ReAct Adult Protection Program (VCH ReAct)
Corporate Office
11th Floor, 601 West Broadway
Vancouver, BC V5Z 4C2
Toll Free: 1-877-732-2899
Telephone: (604) 904-6173
Fax: (604) 904-6179
Website: http://www.vchreact.ca
E-mail: react@vch.ca
Vancouver 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); react@fraserhealth.ca
- Interior Health: For direct community numbers visit https://www.interiorhealth.ca/information-for/seniors/adult-abuse-and-neglect
- Northern Health: Prince George Adult Protection Line 250-565-7414
- Vancouver Island Health Authority:
- South Island: 1-888-533-2273
- Central Island: 1-877-734-4101
- North Island: 1-866-928-4988
Nidus Personal Planning Resource Centre and Registry
1440 West 12th Avenue
Vancouver BC V6H 1M8
Telephone: (604) 408-7414
Toll Free: 1-877-267-5552
Fax: (604) 801-5506
Website: http://www.nidus.ca
E-mail: info@nidus.ca
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
700 - 808 West Hastings Street
Vancouver, BC V6C 3L3
Telephone: (604) 660-4444
Fax: (604) 660-0374
Website: http://www.trustee.bc.ca
E-mail: mail@trustee.bc.ca
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].
B. 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 VI: Adult Abuse and Neglect.
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
Phone: (604) 664-0101
Toll-Free: 1-877-660-2522
Website: http://www.communitylivingbc.ca
Vancouver Coastal Health Authority
Phone: (604) 736-2033
Toll-Free: 1-866-884-0888
Website: http://www.vchreact.ca/
Fraser Health Authority
Phone: (604) 587-4600
Toll-Free: 1-877-935-5669
Website: http://www.fraserhealth.ca
Island Health Authority
Phone: (250) 370-8699
Toll-Free: 1-877-370-8699
Website: http://www.viha.ca
Interior Health Authority
Phone: (250) 469-7070
Toll-Free: 1-844-870-4754
Website: http://www.interiorhealth.ca/
Northern Health Authority
Phone: (250) 565-2649
Toll Free: 1-866-565-2999
Adult Protection Line: 250-565-7414
Toll Free: 1-844-465-7414
Website: http://www.northernhealth.ca
Providence Health Care Society
St. Paul’s Hospital—Phone: (604) 862-2344
Mount St. Joseph’s Hospital—Phone: (604) 874-1141
Holy Family Hospital—Phone: (604) 321-2661
Website: http://www.providencehealthcare.org
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