Adult Guardianship Legislation

The Representation Agreement Act

After careful review by the McLean Commission, Representation Agreements have been relegated to health care wishes only and are seldom used because of their complexity, and the fact that most purposes of a Representation Agreement can be covered with an inexpensive Living Will. We will continue to use Enduring Powers of Attorney, created under the Power of Attorney Act for handling a person's financial and business affairs.

It is important to note that all existing Enduring Powers of Attorney will remain fully valid.

The Representation Agreement Act provided for two types of Representation Agreements:

The Second type of Representation Agreement was intended for persons of full capacity and was termed an "Enhanced Representation Agreement". As a result of the review referred to above, this type of agreement will be used only for appointing another person to make health care decisions on your behalf.

Adult Guardianship Act

Although the Adult Guardianship Act was intended to deal with adult guardianship, those provisions dealing with court ordered guardianship have not yet been proclaimed, therefore, the Patients Property Act will continue to be used for cases where a patient's affairs need to be properly handled and no Enduring Power of Attorney or Representation Agreement exists. On application under that act, the courts will order the appointment of a "Committee" for an incapacitated patient whenever it is required.

The Adult Guardianship Act does however provide important protection and assistance for adults who may be subject to abuse or who may be neglected. The Public Trustee is empowered to receive reports from the public regarding such persons, either directly or through various approved agencies and to investigate each situation reported to them. In appropriate cases, protection for the adult person may be ordered by the court.

Health Care (Consent) and Care Facility (Admission) Act

These acts permit a person to legally refuse to consent to health care on moral, religious or other grounds, without regard to the consequences, and also establish the procedure for providing emergency health care to a person who cannot provide the usual consent, including a hierarchy of persons who can give consent for the patient, if the Patient cannot consent himself.

Public Guardian and Trustee Act

This act gives some wider powers to the Public Trustee in the delivery of services to persons who may be under disability. The Public Trustee now becomes the "Public Guardian and Trustee".

There has been much discussion in professional circles for years over this legislation. Although passed in 1993 these acts could not be proclaimed because there was no infrastructure to implement such a grand overall plan. What has finally been proclaimed is only a portion of what was originally provided for in the acts. For anyone reading the acts, it is important to be aware of which sections are in force and those which are not yet proclaimed. Additional material can be found at the Public Guardian and Trustee's website.

For a more detailed explanation of the new adult guardianship legislation, please consult your lawyer

  For more information, Call Bob Bassett  at 250-768-5152      

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No written page can replace the advice of a competent professional. Bassett & Company is pleased to provide this Article as a convenience to our visitors and prospective clients. This information is not to be relied upon as legal advice. Any information obtained through these pages should be verified independently by consultation with a lawyer. No solicitor client relationship shall be created as a result of obtaining this information and Bassett & Company shall not be responsible for errors or omissions in any material so obtained.

Last Update: 04/03/08
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