Governing Legislation and Resources for Adult Guardianship (15:II)
A. Governing Legislation
Adult Guardianship Act, RSBC 1996, c 6 [AGA].
Adult Guardianship (Abuse and Neglect) Regulation, BC Reg 13/2011 [AGR].
Business Corporations Act, SBC 2002, c 57, ss 386–396 [BCA].
Designated Agencies Regulation, BC Reg 38/2007 [DAR].
Evidence Act, RSBC 1996, c 124 [EA].
Family Law Act, SBC 2011, c 25 [FLA].
Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181 [HCCFA].
Heath 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].
Mental Health Act, RSBC 1996, c 288 [MHA].
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 203/2014[SPGR].
Wills, Estates, and Succession Act, SBC 2009, c 13 [WESA].
B. Secondary Sources of Law and Practice
Wills Precedents: An Annotated Guide, Continuing Legal Education Society of British Columbia, 2014 (Bogardus, Wetzel & Hamilton).
Adult Guardianship Update, Continuing Legal Education Society of British Columbia, 2007.
Incapacity Planning: The New Law, Continuing Legal Education Society of British Columbia, 2011.
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.
Enduring Powers of Attorney: Areas for Reform, Western Canada Law Reform Agencies, 2008, online at: http://www.alri.ualberta.ca/docs/WCLRA%20epa%20fr.pdf [Note: an update is expected in the summer/fall of 2015]
Powers of Attorney Act: Discussion Paper, Law Reform Commission of Nova Scotia, March 2014, online at: http://lawreformcommission.sk.ca/EPA_final.pdf
Review of Representation Agreements and Enduring Powers of Attorney: Undertaken for the Attorney General of the Province of British Columbia, A J McClean, 2002.
Adult Guardianship and Elder Law Issues, Continuing Legal Education Society of British Columbia, 2002. [Note that there are a number of useful publications by searching “Elder Law” on the CLEBC website]
Take Charge-It’s Your Life! (Make a Representation Agreement), The Representation Agreement Resource Centre & The People’s Law School, Vancouver, July 2002, online at http://www.nidus.ca/PDFs/Tk_Chrge.pdf.
It’s Your Choice: Personal Planning Tools, Public Guardian and Trustee of BC, December 2014, online at http://www.trustee.bc.ca/documents/STA/It's_Your_Choice-Personal_Planning_Tools.pdf.
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 at http://www.trustee.bc.ca/documents/adult-guardianship/How%20You%20Can%20Help.pdf.
The Interplay Between Aging, Death & Divorce, Continuing Legal Education Society of British Columbia, 2013.
Provincial Strategy Document: Vulnerable Adults and Capability in BC, BC Adult Abuse and Neglect Prevention Collaborative, 2009, online at http://www.bcli.org/sites/default/files/Vanguard_(16May09).pdf. [Note: this document does not reflect current BC legislation]
Elder Mediation, Continuing Legal Education Society of British Columbia, 2012.
Elder and Guardianship Mediation Report, Canadian Centre for Elder Law, 2012, online at http://www.bcli.org/sites/default/files/EGM_Report_Jan_30_2012.pdf.
A Guide to the Certificate of Incapability Process Under the Patients Property Act, Public Guardian and Trustee of BC, December 2014, online at http://www.trustee.bc.ca.
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 at http://www.lawsociety.bc.ca/docs/practice/resources/guide-wills.pdf.
A Practical Guide to Elder Abuse and Neglect Law in Canada, Canadian Centre for Elder law, July 2011, online at http://www.bcli.org/sites/default/files/Practical_Guide_English_Rev_JULY_2011.pdf. [Expected update in summer/fall 2015].
Act on Abuse and Neglect: A Guide to Prevent and Respond, Vancouver Coastal Health, online at http://www.vchreact.ca/attachments/react_manual_fn.pdf.
Protecting Adults from Abuse, Neglect and Self Neglect, Public Guardian and Trustee of BC, December 2014, online at http://www.trustee.bc.ca/Documents/adult-guardianship/Protecting%20Adults%20from%20Abuse,%20Neglect%20and%20Self%20Neglect.pdf.
Services to Adults Assessment and Investigation Services, Public Guardian and Trustee of BC, March 2015, online at http://www.trustee.bc.ca/documents/adult-guardianship/Assessment%20And%20Investigation%20Services.pdf.
Decision Tree: Assisting an Adult Who is Abused, Neglected or Self Neglecting, Public Guardian and Trustee of BC, May 2015, online at http://www.trustee.bc.ca/Documents/adult-guardianship/Decision%20Tree.pdf. See also the accompanying videos.
Protecting Vulnerable Adults: Recent Legislative Reform, Continuing Legal Education Society of British Columbia, 2014.
C. Resource Organizations
BC Centre for Elder Advocacy and Support (BCCEAS)
BCCEAS 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. BCCEAS 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.
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.
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.
Vancouver Coastal Health – Re:Act Adult Protection Program (VCH ReAct)
Vancouver Coastal Health is a Designated Agency under the Adult Guardianship Act, RSBC 1996, c 6 [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)
- Interior Health: For direct community numbers visit http://www.interiorhealth.ca/report.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.
Public Guardian and Trustee of BC
The Public Guardian and Trustee produces publications on various aspects of adult guardianship as noted above. The Public Guardian and Trustee can conduct investigations where there are concerns of financial abuse, neglect or self-neglect. The Public Guardian and Trustee acts as a committee, when required, and may agree to act as an Attorney. The Public Guardian and Trustee may also make health care decisions as a Temporary Substitute Decision Maker. The Public Guardian and Trustee remains bound by statutory law, and is established under the Public Guardian and Trustee Act, RSBC 1996, c 383 [PGTA].
D. 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.
The Designated Agencies for BC are: (see s 61 of the Adult Guardianship Act, RSBC 1996, c 6 [RAA],and the Designated Agencies Regulation, BC Reg 38/2007 [DAR])
Community Living BC
Vancouver Coastal Health Authority
Fraser Health Authority
Island Health Authority
Interior Health Authority
Northern Health Authority
Providence Health Care Society
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