Difference between revisions of "Guardianship in BC: Committeeship (15:VII)"

#**i) Section 10 outlines that an assessment report must be completed by filling out Form 1 (see Appendix Q) and that details of the assessment  must be attached (see Appendix R). The qualified health care provider must also inform the  adult of the result and the determination and offer  the adult   a copy of Form 1 and the details attached. ii) The qualified health care provider does not need to inform the adult or offer a copy of the report if they have reason to believe that  doing so may result in serious physical or mental harm to the adult or significant damage or loss to the adult's property. b) A health authority designate is defined by section 4 of the SPGR. 3.  Upon receiving Form 1, the health authority designate may issue a report of incapability if they are satisfied of a number of criteria. The  designate must also have consulted with the Public Guardian and Trustee and notified the adult and, if possible, any spouse or near relative  of the adult, of the intention to issue a certificate. a) The criteria are provided by sections 3(a) through 3(e) of the AGA. Important to note, the certificate cannot be signed if the adult has granted power over all of the adult's financial affairs to an attorney under an enduring power of attorney, unless that attorney is not complying with the attorney's duties under the Power of Attorney Act or the enduring power of attorney, as applicable (AGA, s 3(e)). b) The notice required to the adult and a near relative is outlined in section 11 of the SPGR. Section 11(3) states that the adult or near relative be given at least 10 days to respond. The BC Government has created a form called “Health Authority Designate Notice of Intention to  Issue a Certificate of Incapability” for the purposes of this notification. (See Appendix S).i) Notification does not need to be provided to the adult or near relative if the designate has reason to believe that doing so may result  in   serious physical or mental harm to the adult or significant damage or loss to the adult's property. c) The certificate of incapability is Form 2 (SPGR, s 12; see Appendix T).4.  Once the Certificate of Incapability is signed by the health authority designate, the certificate must be forwarded to the Public Guardian  and Trustee. The adult and, if contact information is known, a spouse or near relative must be informed of the certificate and provided with a copy. a) The BC Government has created a form called “Health Authority Designate Concluding Letter” for the purpose of providing notice to the adult (See Appendix U).