Difference between revisions of "Adult Abuse and Neglect (15:VIII)"

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*a guardian committee.  
*a guardian committee.  


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 anRA, or an EPOA. 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):
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.


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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.
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