The B.C. government is taking steps to strengthen the rights of vulnerable adults by enshrining in law the process for how incapability is determined and how the public guardian and trustee is appointed to manage an incapable adult's property.

Minister of Justice and Attorney General Shirley Bond announced that effective next year, several provisions of the Adult Guardianship and Planning Statutes Amendment Act, 2007, will be brought into force as part of a phased approach to reforming adult guardianship.

The new provisions build on government's commitment to implement 12 of the recommendations directed to the Ministry of Justice made in a report released earlier this year from the ombudsperson and entitled No Longer Your Decision: British Columbia's Process for Appointing the Public Guardian and Trustee to Manage the Affairs of Incapable Adults.

In conjunction with legislative amendments to be considered in the fall legislative session, these provisions, passed by order-in-council, will form the underpinning of a new certificate of incapability process expected to be in place June 30, 2014.

Some notable enhancements include:

• Regulations will be developed establishing procedures for conducting assessments of incapability.
• The criteria for determining when a certificate of incapability is issued will be standardized.
• Adults determined to be incapable will be provided with a right to a second assessment of incapability.
• Findings of incapability may be reviewed by the court.
• The public guardian and trustee will be required to give notice to the adult and their family once they become guardian of the individual.

The new certificate of incapability process will be outlined in the Patients Property Act and the Adult Guardianship Act and associated regulations.

In addition to these reforms modernizing the out-of-court process for appointing a property guardian, the B.C. government also remains committed to reforming the court-ordered adult guardianship process. To accomplish this, the Province will continue to look for opportunities to bring into force the provisions of the Adult Guardianship and Planning Statutes Amendment Act, 2007, that relate to court-ordered adult guardianship.

Quotes:

Minister of Justice and Attorney General Shirley Bond -

"The B.C. government remains committed to protecting vulnerable adults, and that's why we are moving forward to implement the ombudsperson's recommendations."

"As we move toward a modern and effective system that balances the need for protecting individual autonomy and protecting against abuse, improving the process for determining incapability and the appointment of the public guardian and trustee as guardian for an individual who needs assistance is a key component in our plan to change how adult guardianship works in this province."

Public guardian and trustee Catherine Romanko -

"I am encouraged that the government is bringing into force these much needed laws to provide greater procedural fairness to adults undergoing the certificate of incapability process."

"The public guardian and trustee has long advocated for these legislative amendments and will now be working with the Ministry of Justice to ensure that any changes include proper resources so that my office can effectively fulfill its duties under the new laws."

Quick Facts:

• In B.C., there are two processes by which a person may be found to be mentally incapable and a substitute decision-maker is appointed:

• A court-ordered process for the appointment of a guardian. This can relate to property or health and personal care decisions, and the court will usually appoint a family member, or a friend to be the guardian; and
• The certificate of incapability process, by which a certificate of incapability is issued and the public guardian and trustee becomes guardian of an adult's financial affairs.

• Certificates of incapability are issued by a director of a provincial mental-health facility or psychiatric unit, following which the public guardian and trustee becomes the guardian of the incapable adult.

• Bringing adult guardianship reforms into effect is an important goal for government. In 2007, the legislature passed an extensive package of reforms in this area:

• The first phase came into force on Sept. 1, 2011. This modernized the law relating to B.C.'s incapability planning tools: enduring powers of attorney, representation agreements and advance directives.

• The second phase, enhancing the rights of adults undergoing the certificate of incapability process will come into force on June 30, 2014. This phase, relating to statutory guardianship, responds to the recommendations made to the Ministry of Justice by the ombudsperson in her report, No Longer Your Decision.

• The third phase, relating to court guardianship, will come into force once the necessary resource implications are determined and resources are available.

Media Contact:

James Beresford
Communications
Ministry of Justice
250 356-6423
778 679-8646 (cell)