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*a guardian committee. | *a guardian committee. | ||
The statutory powers also allow the Public Guardian and Trustee to: | The statutory powers also allow the Public Guardian and Trustee to: | ||
*require trustee, attorney, representative, guardian to provide accounts necessary for an audit (s 18(2)) | |||
*ask the court for an order allowing access to information previously denied when undertaking an audit or investigation (s 18 (4)); and | |||
*protect a person’s financial affairs and freeze assets in urgent situations for up to 30 days and renew the instructions up to three times for a total of 120 days (s 19, PGTA). | |||
Any person may notify the Public Guardian and Trustee where a Representative or Attorney is: (s 30(1)(h), RAA; s 34(2)(c), PAA) | |||
*abusing or neglecting the person for whom the Representative or Attorney is acting; | |||
*failing to follow the instructions in the RA; | |||
*incapable of acting as Representative or Attorney; | |||
*failing to fulfill the duties of a Representative or Attorney; or | |||
*otherwise failing to comply with an RA, or an EPOA. | |||
15 | Any person can also make an objection to the Public Guardian and Trustee if there is a reason to believe that fraud, undue pressure or some other form of abuse or neglect is being or was used to induce an adult to make, change or revoke a financial or legal document (s 34(1)(b) PAA), or a Representation Agreement (s 30(1)(b) RAA). | ||
On receiving an objection concerning Representation Agreements, the Public Guardian and Trustee must promptly review the situation and may do one or more of the following (s 30(3), RAA): | |||
*conduct an investigation to determine the validity of the objection; | |||
*apply to the court for an order confirming a change to, or the revocation of, the RA or cancelling part of the RA; | |||
*apply to the court for an order that the RA is not invalid; | |||
*recommend that someone else make a court application; | |||
*make a report to a designated agency, requesting support and assistance in accordance with s. 46 of the RAA; | |||
*appoint a monitor; | |||
*authorize remuneration for a monitor out of the adult’s asset; | |||
*take any other action considered necessary. | |||
On receiving a report concerning Power of Attorneys, the Public Guardian and Trustee must promptly review the situation and may do one or more of the following (s 34(3), PAA): | |||
*conduct an investigation to determine the validity of the report; | |||
*apply to the court for an order described in s 36 (PAA); | |||
*advise the person who made the report to apply to the court for an order described in s 36 (PAA); | |||
*make a report under s 46 of the AGA; | |||
*take steps under the PPA to become a committee; | |||
*take no action, or take any action that the Public Guardian and Trustee considers necessary. | |||
See Part 3 of the PGTA for the planning and accountability obligations of the PGT. | |||
=== 3. Additional Resources for Older People Experiencing Abuse or Neglect === | |||
Refer to [[Adult Guardianship Legislation and Resources (15:I)#C. Resource Organizations | section I.C: Resource Organizations]] in this chapter, for contact information for the BC Centre for Elder Advocacy and Support, and the Public and Guardian Trustee of British Columbia. |