Adult Guardianship (15:V): Difference between revisions
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→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. | ||
1. 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. | :1. 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.<br> | ||
2. 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. | :2. 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. | ::(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. | :::(i) The assessment is composed of two parts: a medical component and a functional component. | ||
::(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) | :::(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. | :::(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. | ||
::(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''. | :::(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''. | ||
3. 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. | :3. 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. | ||
::(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)). | ::(b) The notice required to the adult and a near relative is outlined in s 11 of the ''SPGR''. Section 11(3) states that the adult or near relative be given at least 10 days to respond. Notice is given in writing of the intention to issue a Certificate of Incapability. Notification does not need to be provided to the adult or near relative if the designate has 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. | ||
::(c) The Certificate of Incapability is Form 2 (''SPGR'' s 12). | |||
b) The notice required to the adult and a near relative is outlined in s 11 of the ''SPGR''. Section 11(3) states that the adult or near relative be given at least 10 days to respond. Notice is given in writing of the intention to issue a Certificate of Incapability. Notification does not need to be provided to the adult or near relative if the designate has 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. | :4. Once the Certificate of Incapability is signed by the health authority designate, the certificate must be forwarded to the PGT. The adult and a spouse or near relative must be informed that the Certificate of Incapability has been issued and provided with a copy. | ||
::(a) The BC Government has created a form called "Health Authority Designate Concluding Letter" for the purpose of providing notice to the adult. | |||
c) The Certificate of Incapability is Form 2 (''SPGR'' s 12). | ::(b) The PGT becomes the statutory property guardian on the date that the certificate was signed by the health authority designate. | ||
:::(i) The PGT must inform the adult and, if information is available, a spouse or near relative, that the PGT has the power to manage the adult’s financial affairs (AGA s 33(2)). Tand that the adult, or person acting on their behalf, may request a second assessment and potentially a court review (''AGA'' s 33(3)). | |||
4. | :::(ii) The adult or someone on behalf of the adult may request a second assessment within 40 days of being notified (''AGA'' s 60(2)) | ||
a) The BC Government has created a form called "Health Authority Designate Concluding Letter" for the purpose of providing notice to the adult. | |||
b) The PGT becomes the statutory property guardian on the date that the certificate was signed by the health authority designate. | |||
i) The PGT must inform the adult and, if information is available, a spouse or near relative, that the PGT has the power to manage the adult’s financial affairs (AGA s 33(2)). Tand that the adult, or person acting on their behalf, may request a second assessment and potentially a court review (''AGA'' s 33(3)). | |||
ii) The adult or someone on behalf of the adult may request a second assessment within 40 days of being notified (''AGA'' s 60(2)) | |||
See [http://www.trustee.bc.ca/reports-and-publications/Documents/A%20Guide%20to%20the%20Certificate%20of%20Incapability%20Process%20under%20the%20Adult%20Guardianship%20Act.pdf ''A Guide to the Certificate of Incapability Process Under the Adult Guardianship Act'']. | See [http://www.trustee.bc.ca/reports-and-publications/Documents/A%20Guide%20to%20the%20Certificate%20of%20Incapability%20Process%20under%20the%20Adult%20Guardianship%20Act.pdf ''A Guide to the Certificate of Incapability Process Under the Adult Guardianship Act'']. |