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Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 16:41, 12 August 2022
, 16:41, 12 August 2022no edit summary
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==== e) The Public Guardian and Trustee (PGT) ==== | ==== e) The Public Guardian and Trustee (PGT) ==== | ||
An adult who does not have relatives or friends who are willing and able to serve as an attorney may ask the PGT to consider acting as an attorney in the event of incapacity. According to s 6(c) and s 23 of the ''PGTA'', the PGT may agree to act as attorney for a fee. If an adult needs to appoint the PGT as attorney, contact the | An adult who does not have relatives or friends who are willing and able to serve as an attorney may ask the PGT to consider acting as an attorney in the event of incapacity. According to s 6(c) and s 23 of the ''PGTA'', the PGT may agree to act as attorney for a fee. If an adult needs to appoint the PGT as attorney, contact the PGT. It is important to note that the PGT will only act as a representative in matters of finance and will not be able to act as a representative for health care decisions. | ||
Another circumstance where the PGT may become involved is where an attorney is misusing a POA or otherwise failing to fulfill their legal obligations. Any person may notify the PGT 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 financial or legal document(s). Any person may also notify the PGT where an attorney is: | Another circumstance where the PGT may become involved is where an attorney is misusing a POA or otherwise failing to fulfill their legal obligations. Any person may notify the PGT 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 financial or legal document(s). Any person may also notify the PGT where an attorney is: | ||
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• In writing<br> | • In writing<br> | ||
• Signed and dated by the adult in the presence of two witnesses (only one witness is required if that witness is a lawyer who is a member of the Law Society of British Columbia or a notary who is a member in good standing of the Society of Notaries Public of British Columbia)<br> | • Signed and dated by the adult in the presence of two witnesses (only one witness is required if that witness is a lawyer who is a member of the Law Society of British Columbia or a notary who is a member in good standing of the Society of Notaries Public of British Columbia), and<br> | ||
• Signed and dated by the attorney(s) who agree to act in the presence of two witnesses (unless one witness is a lawyer or a notary)<br> | • Signed and dated by the attorney(s) who agree to act in the presence of two witnesses (unless one witness is a lawyer or a notary)<br> | ||
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• working as an employee of a facility in which the adult resides and through which the adult receives personal care or health care services. | • working as an employee of a facility in which the adult resides and through which the adult receives personal care or health care services. | ||
The | The PGT can also be named as a representative. | ||
According to s 5(1)(c) of the RAA, a credit union or trust company can only have authority to make (limited) financial decisions listed in a s 7 RA. A credit union or trust company cannot make decisions regarding health care or personal care. | According to s 5(1)(c) of the RAA, a credit union or trust company can only have authority to make (limited) financial decisions listed in a s 7 RA. A credit union or trust company cannot make decisions regarding health care or personal care. | ||
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==== a) Duties ==== | ==== a) Duties ==== | ||
Under s 16(1) | Under s 16(1) of the RAA, a representative must: | ||
• Act honestly and in good faith<br> | • Act honestly and in good faith<br> | ||
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==== 8. Note on RAs for LSLAP Students ==== | ==== 8. Note on RAs for LSLAP Students ==== | ||
When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions | When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions to ascertain the kind of RA that the client needs and whether LSLAP can assist them: | ||
1. Is the client capable of creating an RA? The presumption is that all adults are capable. The test for capacity depends on whether it is a s 7 or s 9 agreement at issue. | 1. Is the client capable of creating an RA? The presumption is that all adults are capable. The test for capacity depends on whether it is a s 7 or s 9 agreement at issue. | ||