Governing Legislation and Resources for Adult Guardianship (15:II)
A. List of Acronyms
- AD – Advance Directive
- AGA - Adult Guardianship Act
- AGR - Adult Guardianship (Abuse & Neglect) Regulation
- DAR – Designated Agencies Regulation
- EPOA – Enduring Power of Attorney
- FIA – Financial Institutions Act
- HCCFA – Heath Care (Consent) & Care Facility (Admission) Act
- HCCR – Health Care Consent Regulation
- HPA – Health Professions Act
- LA – Limitations Act
- LTA – Land Title Act
- PAA – Power of Attorney Act
- PAR – Power of Attorney Regulations
- PGT – Public Guardian and Trustee
- PGTA – Public Guardianship and Trustee Act
- PLA – Property Law Act
- POA – Power of Attorney
- PPA – Patients Property Act
- PPAR – Patients Property Act Rules
- RA – Representation Agreement
- RAA – Representation Agreement Act
- RAR – Representation Agreement Regulation
- RPP – Registered Pension Plan
- RRIF – Registered Retirement Income Fund
- RRSP – Registered Retirement Savings Plan
- SCCR- Supreme Court Civil Rules
- SPGR – Statutory Property Guardianship Regulation
- TA – Trustee Act
- TSDM – Temporary Substitute Decision Maker
- WESA – Wills Estates and Succession Act
B. Governing Legislation
Adult Guardianship Act, RSBC 1996, c 6 [AGA].
Adult Guardianship (Abuse and Neglect) Regulation, BC Reg 13/2011 [AGR].
Designated Agencies Regulation, BC Reg 38/2007 [DAR].
Family Law Act, SBC 2011, c 25 [FLA].
Financial Institutions Act, RSBC 1996, c141 [FIA].
Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181 [HCCFA].
Health 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].
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 152/2018/2014 [SPGR].
Trustee Act, RSBC 1996, c 464 [TA].
Wills, Estates, and Succession Act, SBC 2009, c 13 [WESA].
C. Secondary Sources
A Guide to the Certificate of Incapability Process Under the Patients Property Act, Public Guardian and Trustee of BC, May 1, 2016, online here.
A Practical Guide to Elder Abuse and Neglect Law in Canada, Canadian Centre for Elder Law, July 2011, online here.
Act on Abuse and Neglect: A Guide to Prevent and Respond, Vancouver Coastal Health, online here.
Adult Guardianship Update, Continuing Legal Education Society of British Columbia, 2007.
Decision Tree: Assisting an Adult Who is Abused, Neglected or Self Neglecting, Public Guardian and Trustee of BC, May 2015, online here. See also the accompanying videos.
Elder and Guardianship Mediation Report, Canadian Centre for Elder Law, 2012, online here.
Elder Mediation, Continuing Legal Education Society of British Columbia, 2012. Note: there are a number of useful publications by searching “Elder Law” on the CLEBC website.
Enduring Powers of Attorney: Areas for Reform, Western Canada Law Reform Agencies, 2008, online here.
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 here.
It’s Your Choice: Personal Planning Tools, Public Guardian and Trustee of BC, December 2014, online here.
Life Matters Too: Incapacity Planning with Powers of Attorney and Representation Agreements, Continuing Legal Education Society of BC, 2016.
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. Copies are available at the Vancouver Public Library.
Protecting Adults from Abuse, Neglect and Self Neglect, Public Guardian and Trustee of BC, December 2014, online here.
Protecting Vulnerable Adults: Recent Legislative Reform, Continuing Legal Education Society of British Columbia, 2014.
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 here.
Review of Representation Agreements and Enduring Powers of Attorney: Undertaken for the Attorney General of the Province of British Columbia, A J McClean, 2002. Online here.
Services to Adults Assessment and Investigation Services, Public Guardian and Trustee of BC, March 2015, online here.
Wills Precedents: An Annotated Guide, Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton).
D. Resource Organizations
Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)
Seniors First BC is a provincial organization dedicated to providing legal information on issues related to older adults and the law, particularly issues involving abuse, Powers of Attorney, Representation Agreements, and consumer fraud. Seniors First BC also staffs an Elder Law clinic that provides free legal services to older adults who would not otherwise be able to access justice due to low income or other barriers.
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Canadian Center for Elder Law (CCEL)
CCEL is a national non-profit organization that conducts legal research, law reform, outreach and public education on the law as it relates to older adults. The CCEL has produced a number of practical tools and guidance for legal professionals, financial service providers, social workers, health care workers, caregivers, advocates, volunteers, and the public.
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BC Association of Community Response Networks (BC CRNs)
CRNs are located throughout BC. They seek to increase community coordination in response to abuse and neglect, through a focus on community development, education, prevention, and advocacy. They work to establish networks of community and government agencies, and local businesses to facilitate these goals.
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Vancouver Coastal Health – Re:Act Adult Protection Program (VCH ReAct)
VVancouver Coastal Health is a Designated Agency under the AGA. VCH React provides educational materials to help health care providers recognize and respond to abuse, neglect and self-neglect of vulnerable adults. Each health authority has a similar program. The following contact and phone numbers are provided by the Public Guardian and Trustee website Assessment and Investigations page http://www.trustee.bc.ca/services/services-to-adults/Pages/assessment-and-investigation-services.aspx
- Fraser Health: 1-877-REACT-08 (1-877-732-2808)
- https://www.fraserhealth.ca/health-topics-a-to-z/adult-abuse-and-neglect/getting-help-for-adult-abuse-and-neglect#.W9vJ-GhKiUk
- Interior Health: For direct community numbers visit https://www.interiorhealth.ca/FindUs/Pages/default.aspx
- Northern Health: Prince George Adult Protection Line 250.565.7414
- Vancouver Island Health Authority:
- South Island: 1.888.533.2273
- Central Island: 1.877.734.4101
- North Island: 1.866.928.4988
Nidus Personal Planning Resource Centre and Registry
Nidus provides public legal education on personal planning and related matters, specializing in Representation Agreements. They have made available on their website various factsheets and guides on personal planning matters, as well as self-help forms for creating Representation Agreements. Nidus also operates a centralized registry for personal planning documents, which allows for secure, online storage of planning documents and the option to allow third parties like hospitals and financial institutions to search for your record.
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Public Guardian and Trustee of BC
The Public Guardian and Trustee produces publications on various aspects of adult guardianship as noted above. The PGT can conduct investigations where there are concerns of financial abuse, neglect or self-neglect. The PGT acts as a committee, when required, and may agree to act as an attorney. The PGT may also make health care decisions as a Temporary Substitute Decision Maker. The PGT remains bound by statutory law, and is established under the Public Guardian and Trustee Act, RSBC 1996, c 383 [PGTA].
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E. 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, below.
The Designated Agencies for BC are: (see s 61 of the Adult Guardianship Act, RSBC 1996, c 6 [AGA], and the Designated Agencies Regulation, BC Reg 38/2007 [DAR])
Community Living BC
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Vancouver Coastal Health Authority
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Fraser Health Authority
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Island Health Authority
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Interior Health Authority
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Northern Health Authority
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Providence Health Care Society
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| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 12, 2019. |
| © Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society. |