ROLE OF GOVERNMENT SUBSTITUTE DECISION-MAKERS: …

1 ROLE OF GOVERNMENT SUBSTITUTE decision - makers : public GUARDIANS and public TRUSTEES Saara L. Chetner Counsel, Ontario public guardian and trustee CBA National Elder Law Conference 2013 Elder Law Boot Camp OVERVIEW Identify Provincial/Territorial ( P/T ) GOVERNMENT entities charged with role in relation to adult guardianship and trusteeships Summarize range of mandates in P/T OVERVIEW In all P/T there are GOVERNMENT entities with some form of legislative mandate concerning adults who are mentally incapacitated by reason of accident or illness P/T age of majority ranges between 18 and 19 Alberta.

2 Northwest Territories and Nunavut public guardian and public trustee roles are separate Offices Other regions have some combination of roles combined in one Office ALBERTA Office of the public guardian (AHS) Office of the public trustee AGTA: Adult Guardianship and Trusteeship Act Gov. is last resort Range of decision making options for personal care (supportive, co-d-m., guardianship, specific d-m) Trusteeships for $ (informal or court-ordered) OPG has investigations mandate BRITISH COLUMBIA Office of the public guardian and trustee Adult Guardianship Act, PGT Act, Patients Property Act, Health Care Consent and Care Facility (Admission) Act.

3 And more! Regional Agencies receive allegations/reports of abuse, neglect, self-neglect of allegedly incapable persons PGT responds to allegations about financial abuse PGT reviews private Committee estates PGT acts as last resort SDM for health care and can appoint another to act as TSDM MANITOBA public trustee Office of the Vulnerable Persons Commissioner (Family Services) Mental Health Act, Vulnerable Persons Living with a Mental Disability Act PT acts as Financial and Personal Committee PT may be appointed SDM for a vulnerable adult PT will act as an attorney for property in certain cases NEW BRUNSWICK Office of the public trustee (Legal Aid Services Commission)

4 Mental Health Act, Infirm Persons Act, Family Services Act Will only act as a last resort Can act as personal guardian and financial Committee or trustee for people who are incapable May act as an attorney Family Services Act provides for adult protection orders (personal only) investigations by the Dept. of Social Development NEWFOUNDLAND & LABRADOR public trustee public trustee Act, Mentally Disabled Persons Estates Act PT acts as guardian of the estate guardianship may be statutory or court-ordered mentally disabled or mentally incapable PT may can act as attorney NOVA SCOTIA Office of the public trustee Personal Directives Act, public trustee Act, Incompetent Persons Act, Adult Protection Act, Hospital Act May act as guardian or trustee of an estate of a mentally incompetent person (court-ordered and statutory)

5 May act as an attorney under an enduring power of attorney No investigation of attorneys under powers of attorney Last-resort SDM for health care under the Personal Directives Act NORTHWEST TERRITORIES Office of the public trustee Office of the public guardian Mental Health Act, Guardianship and Trusteeship Act, Personal Directives Act PT last resort SDM for estates of mentally incapable adults statutory and court-ordered trusteeship PG last resort SDM for a person in need of a guardian appointed by the court PT may act as an attorney under a power of attorney PG may act as an agent under a personal directive NUNAVUT Office of the public trustee Office of the public guardian Powers of Attorney Act, Guardianship and Trusteeship Act PT may act as an attorney, may be appointed as trustee under an Order.

6 May investigate and audit accounts PG will review private guardian applicants and may be appointed guardian for an incapable person by court Order powers are specified in the order ONTARIO public guardian and trustee Mental Health Act, SUBSTITUTE Decisions Act, Health Care Consent Act PGT as a last resort SDM under the Health Care Consent Act PGT as a last resort statutory guardian and may be appointed guardian of property or guardian for personal care for a mentally incapable adult who requires guardianship May act as a statutory trustee PGT has an investigative mandate in respect of mentally incapable adults at risk of serious harm and requiring public guardianship PRINCE EDWARD ISLAND Office of the public trustee and guardian public trustee Act, Mental Health Act, Health Care Directives Act.

7 Consent to Treatment Act Last resort role as SDM for a mentally incapable person Statutory and court-appointed committeeship and guardianship monitors court applications for private guardianship Adult Protection Act investigations by Homecare but referral can be made to public trustee and guardian for court-appointed guardianship if necessary QUEBEC Curateur public public Curator Act, Civil Code of Quebec Acts as a last resort tutor or curator and may make treatment decisions as a last resort for a mentally incapable person who has nobody to act for them and who is isolated Participates in opening of protection supervision Provides ongoing advice and supervision to tutors and curators and has intervention powers in this role Has investigative powers to respond to allegations of harm or abuse May act in an emergency role to protect someone pending the opening of protective supervision SASKATCHEWAN public guardian and

8 trustee Adult Guardianship and Co- decision -making Act, Mentally Disordered Persons Act PGT acts as a last resort statutory and court-appointed financial guardian PGT has investigative and supervisory powers regarding financial matters and limited authority to intervene to prevent financial loss PGT served with all court applications for decision -making under the Adult Guardianshp and Co- decision -making Act YUKON Office of the public guardian and trustee decision Making, Support and Protection to Adults Act, Adult Protection and decision Making Act, public guardian and trustee Act PGT served with guardianship applications, acts as statutory and court-appointed guardian of last resort Investigative/supervisory powers re financial abuse by SDMs Has emergency protective powers to protect someone at risk of financial abuse