Adult Guardianship (15:V): Difference between revisions
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→B. Adult Guardianship Act: Legislative Process Committeeship ('Statutory Property Guardian')
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For more information, please visit the PGT website: https://www.trustee.bc.ca/Pages/default.aspx. | For more information, please visit the PGT website: https://www.trustee.bc.ca/Pages/default.aspx. | ||
== B. Adult Guardianship Act: | == B. Adult Guardianship Act: Statutory Property Guardian == | ||
The other process by which a committeeship can be created is through the legislative process outlined by the ''AGA''. A committeeship created in this manner is referred to in the legislation as a ‘Statutory Property Guardian’. The main difference between a court order committeeship and a legislative process committeeship, is that under the latter, only the PGT can become committee and solely over the adult’s financial affairs. However, once the Public Guardian and Trustee becomes a Statutory Property Guardian, the ''PPA'' states that Statutory Property Guardian is a committee under the ''PPA''. In short, the process for the PGT to become a Statutory Property Guardian is through the ''AGA'' but then their duties are defined by the ''PPA''. | The other process by which a committeeship can be created is through the legislative process outlined by the ''AGA''. A committeeship created in this manner is referred to in the legislation as a ‘Statutory Property Guardian’. The main difference between a court order committeeship and a legislative process committeeship, is that under the latter, only the PGT can become committee and solely over the adult’s financial affairs. However, once the Public Guardian and Trustee becomes a Statutory Property Guardian, the ''PPA'' states that Statutory Property Guardian is a committee under the ''PPA''. In short, the process for the PGT to become a Statutory Property Guardian is through the ''AGA'' but then their duties are defined by the ''PPA''. | ||
=== 1. The Legislative | === 1. The Legislative Committeeship Process === | ||
==== a) Assessment of Incapability ==== | ==== a) Assessment of Incapability ==== | ||
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Any individual can notify the PGT and the PGT can conduct an investigation to determine whether intervention is warranted. If it is found to be so, the PGT can request an assessment of incapability by a qualified health care provider. | Any individual can notify the PGT and the PGT can conduct an investigation to determine whether intervention is warranted. If it is found to be so, the PGT can request an assessment of incapability by a qualified health care provider. | ||
# A "qualified" health care provider is defined in s 3(2) of the ''Statutory Property Guardianship Regulations'' [''SPGR'']. It includes a health care provider as defined in the ''Health Professions Act'' and the ''Social Workers Act'', as well as registrants of the British Columbia College of Social Workers; BC College of Nursing Professionals; College of Occupational Therapists of British Columbia; and registrants of the College of Psychologists of British Columbia. | |||
# The qualified health care provider then assesses the adult according to the prescribed procedures and if satisfied, prepares a Report of Assessment of Incapability along with a Details of Assessment for review by a health authority designate. | |||
:(a) The procedure for an incapability assessment is outlined in s 5 through 10 of the ''SPGR''. These procedures are also required for any subsequent reassessment of the adult’s incapability such as a review requested by the adult or an ordered review. | |||
::(i) The assessment is composed of two parts: a medical component and a functional component. | |||
a) The procedure for an incapability assessment is outlined in s 5 through 10 of the ''SPGR''. These procedures are also required for any subsequent reassessment of the adult’s incapability such as a review requested by the adult or an ordered review. | ::(ii) Prior to conducting the assessment, the adult must be given notice of the purpose of the assessment and their rights (see ''SPGR'' s 6(1)(a-f) | ||
::(iii) Section 10 outlines that an assessment report must be completed by filling out a Form 1 and that details of the assessment must be attached. The qualified health care provider must also inform the adult of the result and the determination and offer the adult a copy of Form 1 and the details attached. | |||
i) The assessment is composed of two parts: a medical component and a functional component. | ::(iv) The qualified health care provider does not need to inform the adult or offer a copy of the report if they have reason to believe that doing so may result in serious physical or mental harm to the adult or significant damage or loss to the adult's property. A health authority designate is defined by s 4 of the ''SPGR''. | ||
# Upon receiving Form 1, the health authority designate may issue a Certificate of Incapability if they are satisfied the criteria has been met. The criteria should be set out here. The designate must also have consulted with the PGT and notified the adult and, if possible, any spouse or near relative of the adult, of the intention to issue a Certificate of Incapability. | |||
ii) Prior to conducting the assessment, the adult must be given notice of the purpose of the assessment and their rights (see ''SPGR'' s 6(1)(a-f) | |||
iii) | |||
iv) | |||
a) The criteria are provided by sections 32(3)(a) to (e) of the ''AGA''. It is important to note that the Certificate of Incapability cannot be signed if the adult has granted power over all of the adult's financial affairs to an attorney under an enduring power of attorney unless that attorney is not complying with the attorney's duties under the ''Power of Attorney Act'' or the enduring power of attorney, as applicable (''AGA'' s 32(3)(e)). | a) The criteria are provided by sections 32(3)(a) to (e) of the ''AGA''. It is important to note that the Certificate of Incapability cannot be signed if the adult has granted power over all of the adult's financial affairs to an attorney under an enduring power of attorney unless that attorney is not complying with the attorney's duties under the ''Power of Attorney Act'' or the enduring power of attorney, as applicable (''AGA'' s 32(3)(e)). |