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Adult Guardianship (15:V): Difference between revisions

From Clicklaw Wikibooks
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The Public Guardian and Trustee (PGT) may take steps to become committee of estate if:
The Public Guardian and Trustee (PGT) may take steps to become committee of estate if:


There is no valid enduring power of attorney, or the attorney is not fulfilling their role<br>
* There is no valid enduring power of attorney, or the attorney is not fulfilling their role
 
* The individual is incapable
The individual is incapable<br>
* There is a need for someone to make financial decisions
 
* There is no suitable person available and willing to apply to be committee
There is a need for someone to make financial decisions<br>
* There are no other less intrusive options  
 
There is no suitable person available and willing to apply to be committee<br>
 
There are no other less intrusive options  


The PGT charges a fee to provide estate management services in accordance with the ''Public Guardian and Trustee Fees Regulation'', BC Reg 312/2000 [PGT Fees Regulation].  
The PGT charges a fee to provide estate management services in accordance with the ''Public Guardian and Trustee Fees Regulation'', BC Reg 312/2000 [PGT Fees Regulation].  
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The PGT can become committee of estate and/or person in one of two ways:
The PGT can become committee of estate and/or person in one of two ways:
   
   
1. The PGT may become committee of estate and/or person by Court Order.  The PGT may bring an application for the appointment or, in a proceeding to appoint a committee, where there is a conflict, one or more of the parties may seek an Order that the PGT be appointed.  The PGT will provide a response in the proceedings setting out whether they are prepared to take on this role.  Typically, the PGT will only agree to act as committee of estate.  A committee of person is required to make very personal decisions on behalf of the person and a family member or friend is usually more appropriate to act in this role if it is required.     
# The PGT may become committee of estate and/or person by Court Order.  The PGT may bring an application for the appointment or, in a proceeding to appoint a committee, where there is a conflict, one or more of the parties may seek an Order that the PGT be appointed.  The PGT will provide a response in the proceedings setting out whether they are prepared to take on this role.  Typically, the PGT will only agree to act as committee of estate.  A committee of person is required to make very personal decisions on behalf of the person and a family member or friend is usually more appropriate to act in this role if it is required.     
# As of December 1, 2014, the PGT may also become committee of estate by a legislative process set out in the ''AGA''.  See below.
2. As of December 1, 2014, the PGT may also become committee of estate by a legislative process set out in the ''AGA''.  See below.


For more information, please visit the PGT website: https://www.trustee.bc.ca/Pages/default.aspx.
For more information, please visit the PGT website: https://www.trustee.bc.ca/Pages/default.aspx.
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