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

A. Governing Legislation

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

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

Business Corporations Act, SBC 2002, c 57, ss 386–396 [BCA].

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

Evidence Act, RSBC 1996, c 124 [EA].

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

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

Heath 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].

Mental Health Act, RSBC 1996, c 288 [MHA].

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 203/2014[SPGR].

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

B. Secondary Sources of Law and Practice

Wills Precedents: An Annotated Guide, Continuing Legal Education Society of British Columbia, 2014 (Bogardus, Wetzel & Hamilton).

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

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

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.

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]

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

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]

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.

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.

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.

The Interplay Between Aging, Death & Divorce, Continuing Legal Education Society of British Columbia, 2013.

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.

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.

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].

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.

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.

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.

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.

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

C. Resource Organizations

to do: p 15-3 to 5

D. 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.

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])

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://vchreact.ca/report.htm

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) 862-4200 Website: http://www.interiorhealth.ca/

Northern Health Authority Phone: (250) 565-2649 Website: http://www.northernhealth.ca/

Providence Health Care Society St. Paul’s Hospital—Phone: (604) 806-8739 Mount St. Joseph’s Hospital—Phone: (604) 877-8377 Holy Family Hospital—Phone: (604) 322-2311 Website: http://www.providencehealthcare.org