Sources and Resources for Adult Guardianship (15:VII)

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A Guide to the Certificate of Incapability Process Under the Patients Property Act, Public Guardian and Trustee of BC, May 1, 2016, online at http://www. trustee. bc. ca/reports-and-publications/Documents/A%20Guide%20to%20the%20Certificate%20of%20Incapability%20Process%20under%20the%20Adult%20Guardianship%20Act. 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.

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.

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 with accompanying videos at http://www.trustee.bc.ca/Documents/adult-guardianship/Decision%20Tree.pdf.

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.

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 at https://lawreformcommission.sk.ca/EPA_final.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.

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.

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 at http://www.trustee.bc.ca/Documents/adult-guardianship/Protecting%20Adults%20from%20Abuse,%20Neglect%20and%20Self%20Neglect. pdf.

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 at http://www. lawsociety. bc. ca/docs/practice/resources/guide-wills. 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. Online at http://www.llbc.leg.bc.ca/public/pubdocs/bcdocs/351806/mcclean-report.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.

Wills Precedents: An Annotated Guide, Continuing Legal Education Society of British Columbia, 2019 (Bogardus, Wetzel & Hamilton).

A. Resource Organizations

Seniors First BC (Formerly known as the BC Centre for Elder Advocacy and Support)

  1. 150-900 Howe Street

Vancouver, BC V6Z 2M4 Telephone: 604-688-1927

Seniors Abuse and Information Line (Confidential) Toll Free: 1-866-437-1940 Telephone: (604) 437-1940 Fax: (604) 437-1929 Website: http://seniorsfirstbc.ca/ Email: info@seniorsfirstbc.ca

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

Canadian Center for Elder Law (CCEL) Faculty of Law, University of British Columbia 1822 East Mall Vancouver, BC V6T 1Z1

Telephone: (604) 822-0142 Fax: (604) 822-0144 Website: www. bcli. org/ccel E-mail: ccels@bcli. org

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) Website: www.bccrns.ca

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 – ReAct Adult Protection Program (VCH ReAct) Corporate Office 11th Floor, 601 West Broadway Vancouver, BC V5Z 4C2

Toll Free: 1-877-732-2899 Telephone: (604) 904-6173 Fax: (604) 904-6179 Website: www. vchreact.ca E-mail: react@vch.ca

Vancouver 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); react@fraserhealth.ca

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 1440 West 12th Avenue Vancouver BC V6H 1M8

Telephone: (604) 408-7414 Toll Free: 1-877-267-5552 Fax: (604) 801-5506 Website: www.nidus.ca E-mail: info@nidus.ca

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 700 - 808 West Hastings Street Vancouver, BC V6C 3L3

Telephone: (604) 660-4444 Fax: (604) 660-0374 Website: www.trustee.bc.ca E-mail: mail@trustee.bc.ca

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].

B. 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 Phone: (604) 664-0101 Toll-Free: 1-877-660-2522 Website: www.communitylivingbc.ca

Vancouver Coastal Health Authority Phone: (604) 736-2033 Toll-Free: 1-866-884-0888 Website: http://www.vchreact.ca/

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 21, 2019.
© Copyright 2020, The Greater Vancouver Law Students' Legal Advice Society.


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