Introduction to Adult Guardianship and Substitute Decision-Making (15:I)
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on September 1, 2020.|
The purpose of the legislation in British Columbia pertaining to adult guardianship and substitute-decision making is to create a scheme by which adults (people over the age of 19) can plan for their future in the event that they may need assistance with decision making, and to provide a means to assist adults who may be vulnerable to abuse and neglect.
The legislation is informed by the guiding principle that all adults have a right to self-determination and autonomy and that any incursion into this right must be governed by the presumption that they are capable of making their own decisions and that any support provided to them is the least intrusive available.
There are six statutes governing adult guardianship and substitute decision-making:
Power of Attorney Act
Representation Agreement Act
Health Care (Consent) and Care Facility (Admission) Act
Public Guardian and Trustee Act
Adult Guardianship Act
Patients Property Act
This chapter will begin with a discussion of the concept of ‘capacity’ or ‘capability’ (which will be used interchangeably), following by a discussion of the planning mechanisms available to appoint a substitute decision maker and finally to the concept of adult guardianship and how assistance can be provided to vulnerable adults
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