Difference between revisions of "Representation Agreements (15:V)"

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== D. Monitors ==

The role of the monitor is to ensure that the Representative appointed under an RA is carrying out his or her duties. The monitor acts as ~~an extra~~ safeguard and support to ensure that the RA is working for the adult.

The role of the monitor is to ensure that the Representative appointed under an RA is carrying out his or her duties. The monitor acts as a safeguard and support to ensure that the RA is working for the adult.

=== 1. Appointment and Resignation ===

An adult may appoint a monitor to oversee their chosen representative who is acting under a s 7 or s 9 RA (s 12(3)). The monitor can be appointed to oversee personal, health care and financial decisions.

If an adult has a s 7 RA which authorizes their representative to make routine financial decisions, the adult MUST appoint a monitor to oversee their chosen representative unless the representative is the adult’s spouse, the Public Guardian and Trustee, a trust company or a credit union OR the adult has appointed two representatives who must act unanimously (s 12(1)). Failure to comply with this requirement will make the provision of the RA authorizing the Representative to make routine financial decisions invalid (s 12(2)).

A monitor must be 19 years or older and must be willing and able to perform the duties and to exercise the powers of a monitor (s 12(4)). An individual named in a representation agreement as a monitor must complete a Monitor's ~~Certificate – see Appendix J for precedent of Monitor’s~~ Certificate.

A monitor must be 19 years or older and must be willing and able to perform the duties and to exercise the powers of a monitor (s 12(4)). An individual named in a representation agreement as a monitor must complete a Monitor's Certificate.

A monitor may resign by giving written notice to the adult, each representative and any alternate representatives. The resignation will be effective upon giving notice or at a later date specified in the written notice (s 12(6)). See section 12 of the RAA for general provisions regarding the appointment and resignation of a monitor.

=== 2. Duties and Powers ===

The monitor’s duties and powers are outlined in Section 20 of the RAA. The monitor must:

*make reasonable efforts to ensure that the representative is fulfilling his or her duties (these duties are set out in s 16) (s 20(1));

*act honestly and in good faith and use the care, attention and skill of a responsible person.

However, a monitor cannot make decisions on behalf of the adult.

If the monitor is concerned that the representative is not fulfilling his or her duties, the monitor must raise their concern with the representative(s) and the adult and try to solve the problem through discussion and communication. The monitor may require the representative to report to them or produce accounts (s 20(4)). The monitor has a right to visit and speak with the adult at any reasonable time (s 20(2)) and any person with custody or control of the adult is prohibited from hindering the monitor’s access to the adult (s 20(3)). If, after checking and discussion, the monitor believes that the representative is not following their duties or is abusing the adult in any way, the monitor is legally required to contact the Public Guardian and Trustee to make a complaint (s 20(5)).

=== 3. Payment and Expenses ===

The monitor can be reimbursed for expenses incurred in carrying out their duties (s 26(2)), but can only be paid a fee if provided for in the RA and authorized by the BC Supreme Court (s 26(1)). Alternatively, if the Public Guardian and Trustee appoints a replacement monitor, the Public Guardian and Trustee may authorize payment of a fee (s 21(3)).

=== 4. Replacement Monitor ===

@@ Line 172: / Line 172: @@
 == D. Monitors ==
-The role of the monitor is to ensure that the Representative appointed under an RA is carrying out his or her duties. The monitor acts as an extra safeguard and support to ensure that the RA is working for the adult.
+The role of the monitor is to ensure that the Representative appointed under an RA is carrying out his or her duties.  The monitor acts as a safeguard and support to ensure that the RA is working for the adult.
 === 1. Appointment and Resignation ===
-An adult may appoint a monitor to oversee their chosen representative who is acting under a s 7 or s 9 RA (s 12(3)). The monitor can be appointed to oversee personal, health care and financial decisions.
+An adult may appoint a monitor to oversee their chosen representative who is acting under a s 7 or s 9 RA (s 12(3)).  The monitor can be appointed to oversee personal, health care and financial decisions.
-If an adult has a s 7 RA which authorizes their representative to make routine financial decisions, the adult MUST appoint a monitor to oversee their chosen representative unless the representative is the adult’s spouse, the Public Guardian and Trustee, a trust company or a credit union OR the adult has appointed two representatives who must act unanimously (s 12(1)). Failure to comply with this requirement will make the provision of the RA authorizing the Representative to make routine financial decisions invalid (s 12(2)).
+If an adult has a s 7 RA which authorizes their representative to make routine financial decisions, the adult MUST appoint a monitor to oversee their chosen representative unless the representative is the adult’s spouse, the Public Guardian and Trustee, a trust company or a credit union OR the adult has appointed two representatives who must act unanimously (s 12(1)).  Failure to comply with this requirement will make the provision of the RA authorizing the Representative to make routine financial decisions invalid (s 12(2)).
-A monitor must be 19 years or older and must be willing and able to perform the duties and to exercise the powers of a monitor (s 12(4)). An individual named in a representation agreement as a monitor must complete a Monitor's Certificate – see Appendix J for precedent of Monitor’s Certificate.
+A monitor must be 19 years or older and must be willing and able to perform the duties and to exercise the powers of a monitor (s 12(4)).  An individual named in a representation agreement as a monitor must complete a Monitor's Certificate.
-A monitor may resign by giving written notice to the adult, each representative and any alternate representatives. The resignation will be effective upon giving notice or at a later date specified in the written notice (s 12(6)). See section 12 of the RAA for general provisions regarding the appointment and resignation of a monitor.
+A monitor may resign by giving written notice to the adult, each representative and any alternate representatives.  The resignation will be effective upon giving notice or at a later date specified in the written notice (s 12(6)).  See section 12 of the RAA for general provisions regarding the appointment and resignation of a monitor.
 === 2. Duties and Powers ===
-The monitor’s duties and powers are outlined in Section 20 of the RAA. The monitor must:
+The monitor’s duties and powers are outlined in Section 20 of the RAA.  The monitor must:
 *make reasonable efforts to ensure that the representative is fulfilling his or her duties (these duties are set out in s 16) (s 20(1));
 *act honestly and in good faith and use the care, attention and skill of a responsible person.
 However, a monitor cannot make decisions on behalf of the adult.
-If the monitor is concerned that the representative is not fulfilling his or her duties, the monitor must raise their concern with the representative(s) and the adult and try to solve the problem through discussion and communication. The monitor may require the representative to report to them or produce accounts (s 20(4)). The monitor has a right to visit and speak with the adult at any reasonable time (s 20(2)) and any person with custody or control of the adult is prohibited from hindering the monitor’s access to the adult (s 20(3)). If, after checking and discussion, the monitor believes that the representative is not following their duties or is abusing the adult in any way, the monitor is legally required to contact the Public Guardian and Trustee to make a complaint (s 20(5)).
+If the monitor is concerned that the representative is not fulfilling his or her duties, the monitor must raise their concern with the representative(s) and the adult and try to solve the problem through discussion and communication.  The monitor may require the representative to report to them or produce accounts (s 20(4)).  The monitor has a right to visit and speak with the adult at any reasonable time (s 20(2)) and any person with custody or control of the adult is prohibited from hindering the monitor’s access to the adult (s 20(3)).  If, after checking and discussion, the monitor believes that the representative is not following their duties or is abusing the adult in any way, the monitor is legally required to contact the Public Guardian and Trustee to make a complaint (s 20(5)).
 === 3. Payment and Expenses ===
-The monitor can be reimbursed for expenses incurred in carrying out their duties (s 26(2)), but can only be paid a fee if provided for in the RA and authorized by the BC Supreme Court (s 26(1)). Alternatively, if the Public Guardian and Trustee appoints a replacement monitor, the Public Guardian and Trustee may authorize payment of a fee (s 21(3)).
+The monitor can be reimbursed for expenses incurred in carrying out their duties (s 26(2)), but can only be paid a fee if provided for in the RA and authorized by the BC Supreme Court (s 26(1)).  Alternatively, if the Public Guardian and Trustee appoints a replacement monitor, the Public Guardian and Trustee may authorize payment of a fee (s 21(3)).
 === 4. Replacement Monitor ===

Difference between revisions of "Representation Agreements (15:V)"

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