New rules being brought into force today represent a significant step forward in modernizing B.C.’s adult guardianship system. The changes will strengthen the rights of adults who may be unable to make financial decisions independently due to mental incapability and, as a result, may require the assistance of a statutory property guardian.

Changes are being made to the Adult Guardianship Act that relate to the certificate of incapability process. Related regulations, which include procedures for conducting assessments of incapability to manage financial affairs, are also coming into force.

A certificate of incapability is determined through an out-of-court process by which the Public Guardian and Trustee (PGT) becomes responsible for the management of the financial affairs of incapable adults (also called statutory property guardianship).

In order to strengthen the rights of adults who may be unable to make decisions independently, the new provisions require:

• An assessment of incapability be done in accordance with prescribed procedures, by a qualified health care provider.
• The person being assessed be provided with information about the assessment of incapability.
• The person receive notice of the intention to issue a certificate of incapability before it’s issued and is provided with an opportunity to respond, unless there are concerns he or she could suffer harm as a result.
• The right to request a reassessment if a certificate of incapability is issued.

The Ministry of Justice worked with the Ministry of Health, the PGT and health authorities to implement these provisions, which respond to the Ombudsperson’s recommendations in the report, No Longer Your Decision. This legislation provides British Columbians with an adult guardianship system that strikes the appropriate balance between autonomy and protection.

The other method of appointing a property guardian - by order of the British Columbia Supreme Court under the Patients Property Act - is not changing at this time.

Media Contacts:

Ministry of Justice
Government Communications and Public Engagement
250 953-3196