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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 00:08, 11 October 2022
, 00:08, 11 October 2022→a) Section 7 Representation Agreements
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These health care decisions cover the majority of health and personal care related choices that an individual can make over the course of their life. The list of decisions includes decisions regarding: | These health care decisions cover the majority of health and personal care related choices that an individual can make over the course of their life. The list of decisions includes decisions regarding: | ||
* Personal care, including where and with whom the adult is to reside | |||
* Consent to treatment | |||
* Medication | |||
* Minor or major surgery | |||
* Diagnostics and tests | |||
* Palliative care | |||
* Living arrangements of the adult | |||
A s 7 RA may also allow the representative to take care of '''routine financial affairs''' of the adult. ‘Routine management of financial affairs’ is defined in the RA Act Regulation s 2(1) as: | A s 7 RA may also allow the representative to take care of '''routine financial affairs''' of the adult. ‘Routine management of financial affairs’ is defined in the RA Act Regulation s 2(1) as: | ||
(a) Paying the adult's bills; | :(a) Paying the adult's bills; | ||
:(b) Receiving the adult's pension, income and other money; | |||
(b) Receiving the adult's pension, income and other money; | :(c) Depositing the adult's pension, income and other money in the adult's accounts; | ||
:(d) Opening accounts in the adult's name at financial institutions; | |||
(c) Depositing the adult's pension, income and other money in the adult's accounts; | :(e) Withdrawing money from, transferring money between or closing the adult's accounts; | ||
:(f) Receiving and confirming statements of account, passbooks or notices from a financial institution for the purpose of reconciling the adult's accounts; | |||
(d) Opening accounts in the adult's name at financial institutions; | :(g) Signing, endorsing, stopping payment on, negotiating, cashing or otherwise dealing with cheques, bank drafts and other negotiable instruments on the adult's behalf; | ||
:(h) Renewing or refinancing, on the adult's behalf, with the same or another lender, a loan, including a mortgage, if | |||
(e) Withdrawing money from, transferring money between or closing the adult's accounts; | ::(i) The principal does not exceed the amount outstanding on the loan at the time of the renewal or refinancing, and | ||
::(ii) In the case of a mortgage, no new registration is made in the land title office respecting the renewal or refinancing; | |||
(f) Receiving and confirming statements of account, passbooks or notices from a financial institution for the purpose of reconciling the adult's accounts; | :(i) Making payment on the adult's behalf on a loan, including a mortgage, that | ||
::(i) Exists at the time the representation agreement comes into effect, or | |||
(g) Signing, endorsing, stopping payment on, negotiating, cashing or otherwise dealing with cheques, bank drafts and other negotiable instruments on the adult's behalf; | ::(ii) Is a renewal or refinancing under paragraph (h) of a loan referred to in that paragraph; | ||
:(j) Taking steps under the ''Land Tax Deferment Act'', RSBC 1996, c 249 for deferral of property taxes on the adult's home; | |||
(h) Renewing or refinancing, on the adult's behalf, with the same or another lender, a loan, including a mortgage, if | :(k) Taking steps to obtain benefits or entitlements for the adult, including financial benefits or entitlements; | ||
:(l) Purchasing, renewing or cancelling household, motor vehicle or other insurance on the adult's behalf, other than purchasing a new life insurance policy on the adult's life; | |||
(i) The principal does not exceed the amount outstanding on the loan at the time of the renewal or refinancing, and | :(m) Purchasing goods and services for the adult that are consistent with the adult's means and lifestyle; | ||
:(n) Obtaining accommodation for the adult other than by the purchase of real property; | |||
(ii) In the case of a mortgage, no new registration is made in the land title office respecting the renewal or refinancing; | :(o) Selling any of the adult's personal or household effects, including a motor vehicle; | ||
:(p) Establishing an RRSP for the adult; | |||
(i) Making payment on the adult's behalf on a loan, including a mortgage, that | :(q) Making contributions to the adult's RRSP and RPP; | ||
:(r) Converting the adult's RRSP to an RRIF or annuity and creating a beneficiary designation in respect of the RRIF or annuity that is consistent with the beneficiary designation made by the adult in respect of that RRSP; | |||
(i) Exists at the time the representation agreement comes into effect, or | :(s) Making, in the manner provided in the Trustee Act, any investments that a trustee is authorized to make under that Act; | ||
:(t) Disposing of the adult's investments; | |||
(ii) Is a renewal or refinancing under paragraph (h) of a loan referred to in that paragraph; | :(u) Exercising any voting rights, share options or other rights or options relating to shares held by the adult; | ||
:(v) Making donations on the adult's behalf to registered charities, but only if | |||
(j) Taking steps under the ''Land Tax Deferment Act'', RSBC 1996, c 249 for deferral of property taxes on the adult's home; | ::(i) This is consistent with the adult's financial means at the time of the donation and with the adult's past practices, and | ||
::(ii) The total amount donated in any year does not exceed 3% of the adult's taxable income for that year; | |||
(k) Taking steps to obtain benefits or entitlements for the adult, including financial benefits or entitlements; | :(w) In relation to income tax, | ||
::(i) Completing and submitting the adult's returns, | |||
(l) Purchasing, renewing or cancelling household, motor vehicle or other insurance on the adult's behalf, other than purchasing a new life insurance policy on the adult's life; | ::(ii) Dealing, on the adult's behalf, with assessments, reassessments, additional assessments and all related matters, and | ||
::(iii) Subject to the Income Tax Act, 1996 RSBC, c 215 and the ''Income Tax Act'' (Canada), 1985 RSC, c 1 signing, on the adult's behalf, all documents, including consents, concerning anything referred to in subparagraphs (i) and (ii); | |||
(m) Purchasing goods and services for the adult that are consistent with the adult's means and lifestyle; | :(x) Safekeeping the adult's documents and property; | ||
:(y) Leasing a safety deposit box for the adult, entering the adult's safety deposit box, removing its contents and surrendering the box; | |||
(n) Obtaining accommodation for the adult other than by the purchase of real property; | :(z) Redirecting the adult's mail; | ||
:(aa) Doing anything that is: | |||
(o) Selling any of the adult's personal or household effects, including a motor vehicle; | ::(i) Consequential or incidental to performing an activity described in paragraphs (a) to (aa), and | ||
::(ii) Necessary or advisable to protect the interests and enforce the rights of the adult | |||
(p) Establishing an RRSP for the adult; | |||
(q) Making contributions to the adult's RRSP and RPP; | |||
(r) Converting the adult's RRSP to an RRIF or annuity and creating a beneficiary designation in respect of the RRIF or annuity that is consistent with the beneficiary designation made by the adult in respect of that RRSP; | |||
(s) Making, in the manner provided in the Trustee Act, any investments that a trustee is authorized to make under that Act; | |||
(t) Disposing of the adult's investments; | |||
(u) Exercising any voting rights, share options or other rights or options relating to shares held by the adult; | |||
(v) Making donations on the adult's behalf to registered charities, but only if | |||
(i) This is consistent with the adult's financial means at the time of the donation and with the adult's past practices, and | |||
(ii) The total amount donated in any year does not exceed 3% of the adult's taxable income for that year; | |||
(w) In relation to income tax, | |||
(i) Completing and submitting the adult's returns, | |||
(ii) Dealing, on the adult's behalf, with assessments, reassessments, additional assessments and all related matters, and | |||
(iii) Subject to the Income Tax Act, 1996 RSBC, c 215 and the ''Income Tax Act'' (Canada), 1985 RSC, c 1 signing, on the adult's behalf, all documents, including consents, concerning anything referred to in subparagraphs (i) and (ii); | |||
(x) Safekeeping the adult's documents and property; | |||
(y) Leasing a safety deposit box for the adult, entering the adult's safety deposit box, removing its contents and surrendering the box; | |||
(z) Redirecting the adult's mail; | |||
(aa) Doing anything that is: | |||
(i) | |||
(ii) | |||
in relation to any matter arising out of the performance of that activity. | in relation to any matter arising out of the performance of that activity. | ||
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A s 7 RA does not permit a representative to make health care and personal decisions that involve decisions to refuse health care necessary to preserve life, or to physically restrain, move or manage the adult against the adult’s objections. | A s 7 RA does not permit a representative to make health care and personal decisions that involve decisions to refuse health care necessary to preserve life, or to physically restrain, move or manage the adult against the adult’s objections. | ||
If there is a conflict between an enduring POA and a s 7 RA which includes routine management of financial affairs, ''the enduring POA will take priority''. | If there is a conflict between an enduring POA and a s 7 RA which includes routine management of financial affairs, ''the enduring POA will take priority''. | ||
==== b) Section 9 Representation Agreements ==== | ==== b) Section 9 Representation Agreements ==== | ||
