Public Guardian and Trustee Intervention in Home Care and Senior Housing

Public Guardian and Trustee

The Public Guardian and Trustee of BC (PGT) has authority to intervene where a vulnerable adult is facing abuse, neglect, or self-neglect, particularly when they are unable to manage their financial affairs, or when someone else is managing their financial affairs inappropriately. This includes misuse of a Power of Attorney or Representation Agreement.(1)

When you report a potentially abusive situation to the PGT, their staff will gather information and determine if further investigation is required. They can offer initial support by:

• providing information about options available to help the adult;
• consulting on complex risk situations of abuse, neglect, or self-neglect; or
• starting an investigation, if needed.

The PGT will conduct an investigation if:

• there is a concern the adult may be incapable of managing their affairs;
• there is specific, urgent, or immediate need; and
• no other suitable person is willing or able to act on the adult’s behalf.(2)

The PGT can investigate whether an existing substitute decision-maker is fulfilling their legal duties, explore options to protect and manage the adult’s financial affairs, and assess whether the adult faces serious enough risk to require the appointment of a substitute decision-maker.(3)

The PGT has the power to request from a substitute decision-maker the detailed financial, health, and personal records of the adult. If the PGT finds a substitute decision-maker is mishandling funds, they have the power to freeze the accounts affected and stop the sale or transfer of property. The PGT can appoint a new substitute decision-maker, or if no one else is available, act as the substitute decision-maker.(4)

Note: In BC there is a non-profit organization called the Bloom Group which will manage the finances of low-income individuals for a nominal fee.

References

1. Public Guardian and Trustee of British Columbia, ”Assessment and Investigation Services”, online: <www.trustee.bc.ca/services/services-to-adults/pages/assessment-and-investigation-services.aspx>; Adult Guardianship Act, RSBC 1996, c 6, ss 47, 51, & 56, online: <canlii.ca/t/84gj>; Public Guardian and Trustee Act, RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>.
2. Public Guardian and Trustee Act, RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>.
3. Public Guardian and Trustee Act, RSBC 1996, c 383, s 17, online: <canlii.ca/t/84b2>.
4. Public Guardian and Trustee Act, RSBC 1996, c 383, s 18-19, online: <canlii.ca/t/84b2>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."

In property law, the act of an owner of a thing giving ownership of that thing to another person, usually in exchange for money or other property in the case of a sale, or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."

Something which can be owned. See "chattels" and "real property."

A person who holds property in trust for the benefit of another person. See "trust."