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Adult Guardianship Act

[RSBC 1996] CHAPTER 6

Contents
Part 1
1-3[In Force]
Part 2 — Court Appointed Guardians
Division 1 — Appointment Procedures
4Assessment order
5Application for appointment of guardian
6Mediation
7Hearing the application
8Appointment of guardian
9If more than one guardian appointed
10Who may be appointed
11Appointment of temporary property guardian
12Effect of appointment on other instruments
13Additional court powers
Division 2 — Powers and Duties of Guardians
14General prohibitions
15General powers
16Powers of personal guardian
17Powers of property guardian
18Effect of anything done by a guardian
Division 3 — Duties and Liabilities of Guardians
19General duties
20Duties of personal guardian
21Duties of property guardian
22Accounts
23Liability of guardians
24Payment and expenses of guardians
Division 4 — Review, Replacement and End of Guardianship
25Application for review
26Review
27When authority of guardian ends
28When orders end
29Release of property guardian
Division 5 — Investigations and Extrajurisdictional Orders
30Investigations by Public Guardian and Trustee
31Extrajurisdictional guardianship orders
Part 2.1 — Statutory Property Guardians
32[In force]
33When Public Guardian and Trustee becomes statutory property guardian
34When adult must be reassessed
35[In force]
36Replacing the statutory property guardian
37When authority ends
38Release of statutory property guardian
39Extrajurisdictional statutory property guardianship
40 to 43[Not in force. Repealed.]
Part 3
44-53[In force]
54[Part in force. Remainder repealed.]
55 to 60[In force]
Part 4 — Administrative and Miscellaneous Provisions
61 to 64[In force]
65Transition from the Patients Property Act
66Commencement

Part 1

[In Force]

1-3  [In force.]

Part 2 — Court Appointed Guardians

Division 1 — Appointment Procedures

Assessment order

4  (1) A person may apply to the court for an order directing an adult to submit to an assessment of incapability if

(a) the person has reason to believe that the adult is incapable of making decisions about that adult's personal care or health care, or of managing that adult's financial affairs,

(b) the person intends to make, or has made, an application to the court to appoint a guardian for the adult, and

(c) the adult is refusing to be assessed.

(2) A copy of the application must be served on the persons listed in section 5 (3)

(a) at least 30 days before the date set for the hearing, or

(b) a shorter time as the court directs.

(3) On receiving evidence respecting the matters set out in subsection (1), the court may make an order directing the adult to attend at the time and place the court directs and submit to one or more assessments of incapability for the purposes of a guardianship application,

(a) before a guardianship application under section 5 is made, if applicable, or

(b) at any time before the court makes a determination to appoint or refuse to appoint a guardian.

2007-34-4.

Application for appointment of guardian

5  (1) Any person may apply to the court for the appointment of a personal guardian, property guardian or both, for an adult.

(2) An application must be accompanied by the following:

(a) 2 assessment reports, each

(i) completed in the prescribed form by a qualified health care provider who assessed the adult using prescribed assessment procedures, and

(ii) describing the extent to which the adult is incapable of making decisions about the adult's personal care, health care or financial affairs;

(b) a plan for the adult's guardianship prepared in the prescribed form by the proposed guardian;

(c) a copy of any representation agreement, power of attorney and enduring power of attorney, made by the adult, that is known to the applicant;

(d) in addition to the records described in paragraph (c), if the application is or includes an application for a personal guardian, a copy of any advance directive, made by the adult, that is known to the applicant.

(3) A copy of the application, the accompanying documents and any prescribed informational material must be served, at least 30 days before the date set for the hearing, on the following persons:

(a) the adult who is the subject of the application;

(b) the adult's spouse, unless the adult's marriage or marriage-like relationship has ended, and adult children, if any;

(c) if the adult has no spouse or adult children, another near relative of the adult;

(d) the adult's guardian, if any;

(e) the adult's proposed guardian, if not the applicant;

(f) the Public Guardian and Trustee, if not the applicant;

(g) any person known to the applicant to be the adult's attorney or representative;

(h) any other person that the court may direct.

(4) A marriage ends for the purposes of this section when an agreement, judgment or order referred to in section 56 of the Family Relations Act is first made in respect of the marriage.

(5) A marriage-like relationship ends for the purposes of this section when the parties to the marriage-like relationship stop cohabiting with each other with the intention of ending the relationship.

(6) An application may be made for an order appointing a guardian for a person who is 18 years of age, but the order is not effective until the person reaches 19 years of age.

(7) Despite subsection (3), service is not required in respect of any person referred to in subsection (3) (b) to (h) who consents, in writing, to the application.

2007-34-4.

Mediation

6  (1) If a guardianship application is made under section 5 and there is a dispute about

(a) whether or not the adult who is the subject of the application needs a guardian,

(b) who the proposed guardian should be, or

(c) the adequacy of the plan for guardianship,

a hearing under section 7 must not proceed unless mediation is conducted in accordance with the regulations, or unless the regulations permit otherwise.

(2) The following must not be the subject of mediation under this section:

(a) whether or not an adult is incapable;

(b) the content of any written or oral comments submitted to the court by the Public Guardian and Trustee under section 7 (2) (c);

(c) any prescribed matter.

2007-34-4.

Hearing the application

7  (1) The following may attend the hearing of a guardianship application and make representations:

(a) a person served under section 5 (3);

(b) any other person who files an appearance and whom the court agrees to hear.

(2) The court must consider

(a) the information submitted under section 5 (2),

(b) any agreement that has been reached as a result of mediation under section 6, and

(c) any written or oral comments submitted to the court by the Public Guardian and Trustee.

(3) The court may require a person proposed as a guardian to attend and answer questions to enable the court to determine the person's suitability as a guardian.

2007-34-4.

Appointment of guardian

8  (1) The court may make an order appointing one or more guardians for an adult if the court is satisfied that

(a) the adult needs to make decisions respecting the adult's personal care, health care or financial affairs,

(b) the adult is incapable of making those decisions,

(c) the adult needs, and will benefit from, the assistance and protection of a guardian, and

(d) the needs of the adult would not be sufficiently met by alternative means of assistance.

(2) The court may appoint as guardian a person who is

(a) eligible under section 10 to act as a guardian, and

(b) in the opinion of the court, suitable to be the adult's guardian.

(3) Subject to subsection (4), when appointing a guardian for an adult, the court must consider any wishes the adult, when capable, expressed orally or in writing respecting who should, or should not, act as guardian.

(4) Unless there is good and sufficient reason for refusing the appointment, the court must appoint as guardian a committee nominated under the Patients Property Act, before that Act was repealed, or a person nominated by the adult as a guardian, if the nomination was

(a) made in writing and signed by the adult at a time when the adult was both an adult and mentally capable of nominating a committee or guardian, and

(b) executed in accordance with the requirements for the making of a will under the Wills, Estates and Succession Act.

(5) Unless the court orders otherwise, a property guardian must give security for the proper performance of the property guardian's duties, and, if the security is in the form of a bond, the bond must be

(a) in the amount the court directs,

(b) in the name of the Public Guardian and Trustee,

(c) approved by the Registrar of the court, and

(d) filed with the Public Guardian and Trustee.

(6) The Public Guardian and Trustee may make an application at any time for security to be given or varied.

(7) Unless the court orders otherwise, the applicant for guardianship must deliver a copy of the guardianship order made by the court under this section to the persons who were served with, or consented to, the guardianship application.

2007-34-4; 2009-13-196.

If more than one guardian appointed

9  (1) If more than one guardian is appointed, the court may assign to each guardian

(a) a different area of authority, or

(b) all or part of the same area of authority.

(2) If all or part of the same area of authority is assigned to more than one guardian, the guardians must act unanimously in exercising that authority unless the court

(a) orders otherwise, or

(b) appoints a guardian to act only as an alternate guardian and includes in the order

(i) the circumstances in which the alternate guardian is authorized to act in place of the guardian, and

(ii) the limits or conditions, if any, on the exercise of authority by the alternate guardian.

(3) Unless the court orders otherwise, if there is more than one guardian and one of them is unable to act, or the authority of one of them ends under section 27 (1),

(a) if the guardians must act unanimously, the remaining guardians

(i) must not continue to act until the guardian is able, in the case of a guardian who is not able to act, or

(ii) must not continue to act, in the case of a guardian whose authority ends under section 27 (1), and

(b) if the guardians need not act unanimously, the remaining guardians may continue to act.

2007-34-4.

Who may be appointed

10  (1) Subject to subsection (2), the following persons may be appointed as a guardian:

(a) in the case of either a personal guardian or a property guardian,

(i) an adult who agrees to comply with the duties of a guardian, and

(ii) the Public Guardian and Trustee;

(b) in the case of a property guardian, a financial institution authorized to carry on trust business under the Financial Institutions Act.

(2) The court must not appoint the following persons as a guardian:

(a) a person who has a conflict of interest with the adult;

(b) a person, other than a child, parent or spouse of the adult, who provides personal care or health care services to the adult for compensation.

(3) A person who, on the death of an adult, will be or might be a beneficiary of the adult's estate does not, for that reason, have a conflict of interest with the adult.

2007-34-4; 2010-6-141.

Appointment of temporary property guardian

11  (1) The Public Guardian and Trustee may apply to the court for an order appointing the Public Guardian and Trustee as temporary property guardian for an adult if the Public Guardian and Trustee has reason to believe that

(a) the adult is incapable of making decisions about that adult's financial affairs, and

(b) an order is needed urgently to protect the adult's financial affairs from damage or loss.

(2) In relation to an application made under this section,

(a) the Public Guardian and Trustee is not required to serve anyone with the application, or file the documents required under section 5 (2), and

(b) an assessment of the adult's incapability by a qualified health care provider is not required.

(3) The court may appoint the Public Guardian and Trustee as temporary property guardian for an adult if the court is satisfied that

(a) the conditions set out in subsection (1) exist, and

(b) it would not be in the best interests of the adult to wait until an application is made under section 5 or a statutory property guardian is appointed under Part 2.1.

(4) A temporary property guardian has, for a period of up to 90 days, as ordered by the court, authority to do anything that a statutory property guardian could do, except permitting the replacement of the statutory property guardian under section 36.

2007-34-4.

Effect of appointment on other instruments

12  (1) Unless the court orders otherwise, if a personal guardian is appointed for an adult, any provisions respecting personal care or health care within a representation agreement or an advance directive made by the adult are terminated.

(2) Unless the court orders otherwise, if a property guardian is appointed for an adult,

(a) any enduring power of attorney made by the adult is terminated, and

(b) any provisions respecting financial affairs within a representation agreement made by the adult are terminated.

(3) If a property guardian is appointed for an adult, any power of attorney made by the adult is terminated.

2007-34-4.

Additional court powers

13  In an order appointing a guardian, the court may do one or more of the following:

(a) in relation to the plan for guardianship,

(i) change or delete provisions of the plan for guardianship,

(ii) incorporate the plan for guardianship as part of the order, and

(iii) make orders respecting revisions to the plan for guardianship;

(b) give directions relevant to a review of the order for the purposes of sections 25 and 26, including the date, if any, before which the guardian must make an application for review;

(c) specify the circumstances in which the order will end;

(d) limit the scope of, or put conditions on the exercise of, the authority that a guardian would otherwise have under this or another enactment, or make any other provision in the best interests of the adult.

2007-34-4.

Division 2 — Powers and Duties of Guardians

General prohibitions

14  (1) A guardian must not make or change a will for the adult for whom the guardian is acting, and any will or change that is made for an adult by his or her guardian has no force or effect.

(2) Unless the court orders otherwise or another enactment provides otherwise, a guardian must not delegate any of the guardian's decision-making authority.

2007-34-4.

General powers

15  (1) A guardian has only the powers granted to the guardian by

(a) an order of the court, and

(b) an enactment.

(2) A guardian may retain the services of a qualified person to assist the guardian in doing anything the court has authorized the guardian to do.

(3) A guardian may request information and records respecting the adult for whom the guardian is acting, if the information or records relate to

(a) the incapability of the adult, or

(b) an area of authority granted to the guardian.

(4) A guardian has the same right to information and records described under subsection (3) as does the adult for whom the guardian is acting.

2007-34-4.

Powers of personal guardian

16  (1) The court may, in an order appointing a personal guardian for an adult, authorize the personal guardian to

(a) do anything the personal guardian considers necessary in relation to the personal care or health care of the adult, or

(b) do one or more things, including any of the following:

(i) decide where the adult is to live and with whom, including whether the adult should live in a care facility;

(ii) decide whether the adult should work and, if so, the type of work, the employer, and any related matters;

(iii) decide whether the adult should participate in any educational, social, vocational or other activity;

(iv) decide whether the adult should have contact or associate with another person;

(v) decide whether the adult should apply for any licence, permit, approval or other authorization required by law for the performance of an activity;

(vi) make day-to-day decisions on behalf of the adult, including decisions about the diet or dress of the adult;

(vii) subject to subsections (2) and (4), give or refuse consent to health care for the adult;

(viii) physically restrain, move and manage the adult and authorize another person to do these things, if necessary to provide personal care or health care to the adult.

(2) Unless the court provides otherwise, a personal guardian must not

(a) give or refuse consent on the adult's behalf to any type of health care prescribed under section 34 (2) (f) of the Health Care (Consent) and Care Facility (Admission) Act, or

(b) interfere with the adult's religious practices.

(3) If a personal guardian is provided the power to consent, or refuse consent, to health care for the adult, the personal guardian may consent, or refuse consent, to health care necessary to preserve life.

(4) A personal guardian must not consent to the provision of professional services, care or treatment to the adult for the purposes of sterilization for non-therapeutic purposes.

2007-34-4.

Powers of property guardian

17  (1) The court may authorize a property guardian to do, on an adult's behalf, anything in respect of the adult's financial affairs that the adult could do if the adult were capable.

(2) A property guardian may permit the adult to hold, manage or control a part of the adult's property to defray normal living expenses or part of them, and the property guardian is not liable for loss or damage to the adult's property resulting from the adult holding, managing or controlling that part of the property.

(3) Despite section 14 (2), a property guardian may delegate investment matters to a qualified investment specialist, including a mutual fund manager, if the delegation is done in accordance with,

(a) if the property guardian is the Public Guardian and Trustee, the Public Guardian and Trustee Act, or

(b) in any other case, section 15.5 of the Trustee Act.

(4) A property guardian may, in an instrument other than a will,

(a) change a beneficiary designation made by the adult, if the court authorizes the change, or

(b) create a new beneficiary designation, if the designation is made in

(i) an instrument that is renewing, replacing or converting a similar instrument made by the adult, while capable, and the newly designated beneficiary is the same beneficiary that was designated in the similar instrument, or

(ii) a new instrument that is not renewing, replacing or converting a similar instrument made by the adult, while capable, and the newly designated beneficiary is the adult's estate.

(5) A property guardian may make a gift or loan, or charitable gift, from the adult's property if the court permits the property guardian to do so or if

(a) the adult will have sufficient property remaining to meet the personal care and health care needs of the adult and the adult's dependants, and to satisfy the adult's legal obligations, if any,

(b) the adult, when capable, made gifts or loans, or charitable gifts, of that nature, and

(c) the total value of all gifts, loans and charitable gifts in a year is equal to or less than a prescribed value.

(6) A property guardian may receive a gift or loan under subsection (5) if the court permits.

(7) Permission of the court under subsection (5) or (6)

(a) must be express, and

(b) may be in relation to a specific gift or loan, or charitable gift, or to gifts or loans, or charitable gifts, generally.

(8) Subject to subsection (9), a person having custody or control of property belonging to an adult must deliver the property promptly, on request of the adult's property guardian, to the property guardian.

(9) A person must not deliver, to an adult's property guardian, a will made by the adult if the adult has given instructions to a lawyer or notary public who holds the adult's will, or the will contains instructions, prohibiting delivery of the will to the property guardian.

(10) Unless the court orders otherwise,

(a) only the adult's property guardian may act as the adult's litigation guardian, and

(b) a property guardian must not begin divorce proceedings on the adult's behalf.

2007-34-4; 2008-30-1; 2011-5-2.

Effect of anything done by a guardian

18  Anything done by a guardian with regard to any matter in respect of which the guardian has authority is deemed for all purposes to have been done by the adult, as though that adult were capable of making decisions.

2007-34-4.

Division 3 — Duties and Liabilities of Guardians

General duties

19  (1) A guardian must

(a) act honestly and in good faith,

(b) exercise the care, diligence and skill of a reasonably prudent person,

(c) act within the authority granted in the court order or under an enactment,

(d) to the extent reasonable, act in accordance with the plan for guardianship, and

(e) to the extent reasonable, foster the independence of the adult and encourage the adult's involvement in any decision-making that affects the adult.

(2) In exercising a power or performing a duty, a guardian must consider any applicable standards or guidelines in a code of practice.

(3) A guardian must not disclose information or records obtained in the exercise of his or her authority except to the extent necessary to

(a) perform the guardian's duties,

(b) make a report to the Public Guardian and Trustee or comply with a request of the Public Guardian and Trustee, or

(c) make an application to the court or comply with an order of the court.

(4) A guardian, other than the Public Guardian and Trustee, must

(a) keep prescribed records, and

(b) produce the prescribed records for inspection and copying at the request of the adult or the Public Guardian and Trustee.

(5) A guardian, other than the Public Guardian and Trustee, must report to the Public Guardian and Trustee

(a) any substantial changes affecting the adult, including a change in

(i) the residence of the guardian or of the adult,

(ii) the adult's or guardian's contact information, and

(iii) any prescribed circumstances, and

(b) at the request of, and on the matters specified by, the Public Guardian and Trustee.

2007-34-4.

Duties of personal guardian

20  (1) In this section, "pre-expressed wishes" means instructions or wishes regarding personal care or health care that an adult most recently expressed while capable, including any instructions or wishes set out by the adult in a representation agreement or an advance directive that was terminated under section 12.

(2) When making decisions on behalf of the adult, a personal guardian must comply with the adult's pre-expressed wishes, unless to do so would be inconsistent with an order of the court.

(3) If there are no pre-expressed wishes relevant to the decision to be made, a personal guardian must act in the adult's best interests, taking into account

(a) with respect to the adult's personal care or health care,

(i) the adult's known beliefs and values, and

(ii) any prescribed matters, and

(b) with respect to the adult's health care,

(i) whether the adult's condition or well-being is likely to be improved by the proposed care,

(ii) whether the adult's condition or well-being is likely to improve without the proposed care,

(iii) whether the benefit the adult is expected to obtain from the proposed care is greater than the risk of harm, and

(iv) whether a less restrictive or less intrusive form of care would be as beneficial as the proposed care.

2007-34-4.

Duties of property guardian

21  (1) A property guardian has a fiduciary duty to the adult.

(2) When managing and making decisions about the adult's financial affairs, a property guardian must act in the adult's best interests, taking into account

(a) any instructions or wishes the adult most recently expressed while capable, including any instructions or wishes expressed in an enduring power of attorney, and

(b) the adult's known beliefs and values.

(3) A property guardian must

(a) invest the adult's property only in accordance with the Trustee Act,

(b) to the extent reasonable, give priority when managing the adult's financial affairs to meeting the personal care and health care needs of the adult,

(c) not dispose of property that the property guardian knows is subject to a specific testamentary gift in the adult's will,

(d) to the extent reasonable, keep the adult's personal effects at the disposal of the adult, and

(e) if the adult has or acquires property that

(i) is valued at a prescribed amount or greater, and

(ii) was not disclosed or valued correctly in a plan for guardianship or in the most recent passing or providing of accounts under section 22,

deliver to the Public Guardian and Trustee a true account of the property, within 30 days of discovering or acquiring the property.

(4) Subsection (3) (a) does not apply to the Public Guardian and Trustee.

(5) Despite subsection (3) (c), a property guardian may dispose of the adult's property if the disposition is necessary to comply with the property guardian's duties.

(6) A property guardian must keep the adult's property separate from the property guardian's own property.

(7) Unless the order appointing the property guardian provides otherwise, subsection (6) does not apply to property that

(a) is jointly owned by the adult and the property guardian as joint tenants or otherwise, or

(b) has been substituted for, or derived from, property described in paragraph (a).

2007-34-4.

Accounts

22  (1) A property guardian other than the Public Guardian and Trustee must apply to pass accounts of the adult's financial affairs before

(a) the court, if ordered to do so by the court or requested to do so by the Public Guardian and Trustee, or

(b) the Public Guardian and Trustee,

(i) if ordered to do so by the court or requested to do so by the Public Guardian and Trustee, and

(ii) in the form required by the Public Guardian and Trustee.

(2) On the passing of accounts under subsection (1) (a), the court may make any order it considers proper.

(3) When an order appointing a property guardian ends, other than by the death of the adult, the property guardian must provide the adult and any person who is replacing the property guardian with

(a) a report of the decisions made and actions taken on the adult's behalf,

(b) the adult's accounts, and

(c) except where the property guardian is the Public Guardian and Trustee, copies of any reports submitted by the property guardian to the Public Guardian and Trustee.

(4) A property guardian may apply to pass accounts of the adult's financial affairs before the court at any time, and the court may make any order it considers proper.

(5) A guardian other than the Public Guardian and Trustee may at any time appeal to the court any decision respecting the passing of accounts made by the Public Guardian and Trustee.

(6) When an order appointing a property guardian ends because of the death of the adult, the property guardian must provide the accounts of the adult's financial affairs

(a) to the executor or administrator of the adult's estate, or

(b) if the property guardian and the executor or administrator of the adult's estate are the same person, to the beneficiaries of the adult's estate.

(7) The executor, administrator or beneficiaries of the adult's estate may provide to the property guardian written approval of, and consent to, the accounts received under subsection (6).

(8) If a property guardian fails to provide the accounts of the adult's financial affairs as required under subsection (3) or (6), or if the accounts are incomplete or inaccurate, a person entitled to the accounts may require the property guardian to attend before the court to explain the property guardian's failure to provide the accounts or to provide a satisfactory accounting, and the court may give any direction it considers proper.

2007-34-4.

Liability of guardians

23  A guardian who acts in the course of the guardian's duties is not liable for any injury or death of the adult, or loss or damage to the adult's financial affairs, as applicable, if the guardian complies with

(a) the guardian's duties, as set out in this Act and any order of the court,

(b) any directions of the court given under this Act, and

(c) any other duty that may be imposed by law.

2007-34-4.

Payment and expenses of guardians

24  (1) A personal guardian must not be remunerated for acting as the adult's personal guardian, except that a personal guardian may be reimbursed from the adult's property for reasonable expenses properly incurred in acting as the adult's personal guardian.

(2) A property guardian may be remunerated from the adult's property for acting as the adult's property guardian, and remuneration must be

(a) if the Public Guardian and Trustee is acting as the adult's guardian, in accordance with any regulations made under section 23 of the Public Guardian and Trustee Act, and

(b) in any other case, in accordance with the regulations.

(3) Despite subsection (2), the court may order that a property guardian

(a) other than the Public Guardian and Trustee, must not be remunerated for acting as the adult's property guardian, or

(b) be remunerated other than as set out in the regulations.

(4) A property guardian may be reimbursed from the adult's property for reasonable expenses properly incurred in acting as the adult's property guardian.

(5) Subject to the regulations, a guardian has,

(a) for any expenses and remuneration permitted under this section, and

(b) for any amounts advanced for or on behalf of the adult, or for the support of the adult's dependants,

a lien on the real and personal property of the adult for whom the guardian is acting.

2007-34-4.

Division 4 — Review, Replacement and End of Guardianship

Application for review

25  (1) A guardian must apply to the court for a review of the order appointing the guardian if

(a) the adult's needs, circumstances or ability to make decisions has changed significantly since the order was made and a change in or cancellation of the order appears to be in the best interests of the adult,

(b) the court requires a review to be made under section 13 (b), or

(c) the guardian is no longer able or willing to act as the adult's guardian.

(2) The Public Guardian and Trustee may apply to the court for a review of an order appointing a guardian if

(a) one or more of the circumstances described in subsection (1) exist and the adult's guardian does not apply for a review within a reasonable time, or

(b) following an investigation under section 30, the Public Guardian and Trustee believes it to be in the best interests of the adult for whom the guardian is acting.

(3) An adult who has a guardian may apply to the court for a review of an order appointing a guardian.

(4) Any person may apply to the court for a review of an order appointing a guardian for an adult if

(a) the person has reason to believe that the adult's needs, circumstances or ability to make decisions has changed significantly since the order was made, or

(b) the adult requests a review.

(5) Applications under subsections (3) and (4) may be made in respect of the same adult no more than once every 12 months, or another period as the court directs.

(6) An application made under subsection (1) must be accompanied by the plan for guardianship, including, if applicable, a revision of the plan for guardianship prepared in the prescribed form by the guardian.

(7) A copy of an application for review must be served

(a) unless the court orders otherwise, on the adult's guardian,

(b) unless the court orders otherwise, on the persons who were served under section 5 (3), except a person referred to in section 5 (3) (d), (e) or (g), and

(c) on any other person that the court may direct.

(8) A person who is served with a copy of an application for review

(a) may file a notice of objection with the court within 30 days after being served, and

(b) if a notice of objection is filed by a person other than the Public Guardian and Trustee, must serve a copy of the notice on the Public Guardian and Trustee.

(9) The Public Guardian and Trustee may submit to the court written comments regarding the application for review and the notice of objection.

2007-34-4.

Review

26  (1) On receiving an application under section 25 to review an order appointing a guardian for an adult, the court

(a) must hold a hearing if

(i) a notice of objection is filed under section 25 (8), or

(ii) the Public Guardian and Trustee has applied for the review following an investigation under section 30, and

(b) in any other case, may proceed without a hearing.

(2) If the court holds a hearing, the following may attend and make representations:

(a) a person served under section 25 (7) or 30 (3), as applicable;

(b) any other person who files an appearance and whom the court agrees to hear.

(3) If the adult's capability is in issue, the court must order, whether or not the court holds a hearing and at any time before making an order under subsection (6), production of 2 assessment reports, and, for this purpose,

(a) the court may make any order the court could make under section 4, and

(b) section 5 (2) (a) applies,

as if the review were an application for appointment of a guardian.

(4) Despite subsection (3), if

(a) a notice of objection has not been filed under section 25 (8), and

(b) the adult does not ordinarily reside in British Columbia,

the court may accept as evidence an assessment conducted by 2 persons entitled to practise medicine in the jurisdiction where the adult is ordinarily resident.

(5) Whether or not the court holds a hearing, the court may consider evidence respecting whether or to what extent the guardian's conduct adhered to any standards or guidelines contained in a code of practice.

(6) Whether or not the court holds a hearing, the court may, having considered the matters set out in section 8 (1), make an order cancelling the guardianship order, or, if the court determines that the adult still needs a guardian, make an order to do one or more of the following:

(a) continue a guardian's appointment;

(b) vary the powers or duties of a guardian;

(c) appoint additional guardians;

(d) remove a guardian and appoint a different guardian if the court is satisfied that the guardian

(i) is no longer acting as a guardian,

(ii) has not complied with the duties of a guardian, or

(iii) is, for any other reason, no longer a suitable guardian;

(e) in respect of any guardian, make any order the court may make under this Part, or vary or cancel an order made under this Part.

(7) Section 8 (2) to (5) applies to an order appointing additional guardians or a different guardian.

(8) Unless the court orders otherwise, the applicant must deliver a copy of any order made by the court under subsection (6) to the persons who were served with notice of the application for review.

2007-34-4.

When authority of guardian ends

27  (1) The authority of a guardian ends if the guardian

(a) becomes incapable,

(b) dies,

(c) is removed by order of the court,

(d) becomes bankrupt,

(e) is convicted of a prescribed offence or any offence in which the adult was the victim, or

(f) is a corporation, and the corporation dissolves, winds up or ceases to carry on business.

(2) Until another guardian is appointed under this Act, the Public Guardian and Trustee may exercise the authority of a guardian if

(a) the authority of a guardian has ended under subsection (1),

(b) there is no other guardian who is willing and able, and has authority, to act, and

(c) the Public Guardian and Trustee receives notice of an event described in subsection (1).

(3) As evidence of the authority of the Public Guardian and Trustee under this section to exercise the authority of a guardian, the Public Guardian and Trustee may produce a certificate in the prescribed form.

2007-34-4.

When orders end

28  (1) An order appointing a guardian ends

(a) on the death of the adult,

(b) by order of the court, or

(c) in the circumstances specified by the court.

(2) Despite the end of a guardianship order, the Public Guardian and Trustee may carry out and complete a transaction entered into by the Public Guardian and Trustee, acting as property guardian, in relation to the adult's property, that is not completed before the order appointing the guardian ends.

(3) Despite the end of a guardianship order under subsection (1) (a), on the death of the adult and until a representation grant within the meaning of the Wills, Estates and Succession Act has been issued and notice in writing of the representation grant is served on a property guardian, the property guardian

(a) continues, for the purpose of preserving the adult's estate until the grant is made and notice is served, to have the rights, powers, duties and privileges that the property guardian would have had if the adult had not died, and

(b) has the powers of a person who has been issued a representation grant in respect of the adult.

(4) The court may make an order that subsection (3) does not apply,

(a) at any time the court makes any other order under this Part, or

(b) if no representation grant is issued, on application by a property guardian.

(5) Despite section 22 (1) (b), the Public Guardian and Trustee must not require a property guardian to pass accounts before the Public Guardian and Trustee after the death of an adult.

2007-34-4; 2009-13-198.

Release of property guardian

29  Unless the court orders otherwise, if, in the case of a property guardian,

(a) the property guardian is removed by order of the court or the order for guardianship ends, and

(b) accounts are passed in accordance with section 22,

the property guardian is released from all actions, claims and demands for or concerning the property guardian's actions under this Act, except in respect of undisclosed acts, neglects, defaults or accounts, or dishonest or unlawful conduct.

2007-34-4.

Division 5 — Investigations and Extrajurisdictional Orders

Investigations by Public Guardian and Trustee

30  (1) If the Public Guardian and Trustee has reason to believe that a guardian has failed, or is about to fail, to comply with the guardian's duties, the Public Guardian and Trustee may conduct an investigation.

(2) After conducting an investigation, the Public Guardian and Trustee may apply to the court for a review under section 25.

(3) Unless the court orders otherwise, a copy of the application under subsection (2) must be served, at least 30 days before the date set for the hearing, on the adult and on the guardian who is the subject of the application.

(4) Section 25 (7) does not apply to an application for review made as a result of an investigation under this section.

2007-34-4.

Extrajurisdictional guardianship orders

31  Subject to any limitation or condition set out in the regulations, a person who

(a) is authorized by judgment, decree or order of a court or tribunal to act outside British Columbia in a manner similar to a guardian, and

(b) complies with any prescribed requirements

may exercise powers and perform duties in British Columbia in respect of the adult for whom the person is acting, as if that person were a guardian under this Act.

2007-34-4.

Part 2.1 — Statutory Property Guardians

[In force]

32  [In force.]

When Public Guardian and Trustee becomes statutory property guardian

33  (1) On becoming an adult's statutory property guardian, the Public Guardian and Trustee has all the powers of a property guardian under this Act or any other enactment, including any powers that a court could grant to a property guardian.

(2) [Words in force.]

(a) has the duties of a property guardian as set out in sections 19 (1) (a), (b) and (e), (2) and (3) (a) and (c), 21 (1), (2), (3) (b) to (e) and (5) to (7) and 22 (3), (4) and (6) to (8), and sections 14 (1), 18, 23 and 24 (2) (a), (4) and (5) apply, and

(b) [In force.]

(3) [In force.]

(4) When the adult is advised that the Public Guardian and Trustee is the adult's statutory property guardian, the authority of any attorney, or the authority in respect of financial affairs of any representative, acting for the adult is suspended until

(a) the adult no longer has a statutory property guardian, or

(b) the Public Guardian and Trustee gives notice to the attorney or representative under subsection (5).

(5) An enduring power of attorney is terminated, or financial provisions of a representation agreement are terminated, if

(a) in the opinion of the Public Guardian and Trustee, it would be in the best interests of the adult, based on prescribed criteria, to terminate the enduring power of attorney or financial provisions, and

(b) the Public Guardian and Trustee gives notice to the attorney or representative that the enduring power of attorney or financial provisions of the representation agreement are terminated.

2007-34-4.

When adult must be reassessed

34  [Words in force.]

(a) the adult is receiving psychiatric treatment in a facility designated under the Mental Health Act and the adult is to be discharged,

(b) to (d) [In force.]

2007-34-4.

[In force]

35  [In force.]

Replacing the statutory property guardian

36  (1) Any of the following persons may apply to the Public Guardian and Trustee to assume powers and duties as an adult's statutory property guardian:

(a) an individual;

(b) a financial institution authorized to do trust business under the Financial Institutions Act.

(2) An application must

(a) be in the prescribed form, and

(b) be accompanied by a plan, in the prescribed form, for performing the duties of a statutory property guardian.

(3) The Public Guardian and Trustee may grant the application if satisfied that

(a) the applicant is suitable, and

(b) the plan submitted under subsection (2) (b) is appropriate to manage the adult's financial affairs.

(4) If the Public Guardian and Trustee grants an application,

(a) the authority to act as the adult's statutory property guardian is transferred from the Public Guardian and Trustee to the applicant, and

(b) the Public Guardian and Trustee must not exercise power as the adult's statutory property guardian.

(5) Before granting an application, the Public Guardian and Trustee may require an applicant to provide security for the proper performance of the duties of a statutory property guardian in a form acceptable to the Public Guardian and Trustee.

(6) The Public Guardian and Trustee may determine the remuneration, if any, the applicant will receive from the adult's property for acting as the adult's statutory property guardian.

(7) On granting an application, the Public Guardian and Trustee must give the applicant a notice in the prescribed form that confirms the transfer of the Public Guardian and Trustee's authority as statutory property guardian to the applicant.

(8) A statutory property guardian who has been granted authority under this section

(a) has all of the powers of a property guardian under this Act or any other enactment, except those powers a court must specifically grant to a property guardian,

(b) has the duties of a property guardian as set out in sections 15 (2) to (4), 19 (1) (a), (b), and (e) and (2) to (5), 21 and 22 (1) (b) and (3) to (6), and sections 14, 18, 23 and 24 (2) (b), (4) and (5) apply, and

(c) must act, to the extent reasonable, in accordance with the plan submitted under subsection (2) (b).

(9) If the Public Guardian and Trustee refuses an application, the applicant may

(a) apply to the court to be appointed the adult's property guardian, and

(b) use the certificate of incapability issued under section 32 in place of one of the assessment reports required under section 5 (2) (a).

(10) The Public Guardian and Trustee may rescind a grant of authority made under this section if

(a) the person who has been granted the authority fails to comply with this Act or the regulations made under it, or

(b) it is no longer in the best interests of the adult for the adult's statutory property guardian to continue to act.

2007-34-4.

When authority ends

37  (1) The authority of a statutory property guardian who has been granted that authority under section 36 ends if

(a) the Public Guardian and Trustee rescinds the grant of authority, or

(b) the person granted authority

(i) becomes incapable of managing the adult's financial affairs,

(ii) dies,

(iii) becomes bankrupt,

(iv) is convicted of a prescribed offence or any offence in which the adult was the victim, or

(v) resigns as statutory property guardian by giving written notice to the Public Guardian and Trustee.

(2) If the authority of a statutory property guardian ends under subsection (1), the authority of that statutory property guardian is transferred back to the Public Guardian and Trustee,

(a) if authority ends under subsection (1) (a), when the Public Guardian and Trustee notifies the statutory property guardian that the grant of authority has been rescinded,

(b) if authority ends under subsection (1) (b) (i) to (iv), when the Public Guardian and Trustee receives notice of the applicable event, and

(c) if authority ends under subsection (1) (b) (v), when the Public Guardian and Trustee receives the notice of resignation described in that subsection.

(3) and (4) [In force.]

(5) Despite the end of a statutory property guardianship, the Public Guardian and Trustee may carry out and complete a transaction, entered into by the statutory property guardian in relation to the adult's property, that is not completed before the end of the statutory property guardianship.

(6) On the death of the adult and until a representation grant has been issued and notice in writing of the representation grant is served on a statutory property guardian, the statutory property guardian

(a) continues, for the purpose of preserving the adult's estate until the representation grant is made and notice is served, to have the rights, powers, duties and privileges that the statutory property guardian would have had if the adult had not died, and

(b) has the powers of a person who has been issued a representation grant in respect of the adult.

(7) If no representation grant has been issued, the statutory property guardian may apply to court for an order that subsection (6) does not apply.

2007-34-4; 2009-13-199; 2014-9-7.

Release of statutory property guardian

38  Unless the Public Guardian and Trustee orders otherwise, in respect of a statutory property guardian who has been granted authority under section 36, if

(a) the authority of the statutory property guardian ends, and

(b) the statutory property guardian has passed all accounts before the Public Guardian and Trustee,

the statutory property guardian is released from all actions, claims and demands for or concerning the statutory property guardian's actions under this Act, except in respect of undisclosed acts, neglects, defaults or accounts, or dishonest or unlawful conduct.

2007-34-4.

Extrajurisdictional statutory property guardianship

39  (1) Subject to any limitation or condition set out in the regulations, a person who

(a) holds a statutory position, under an enactment of a province of Canada, equivalent to the Public Guardian and Trustee,

(b) is authorized by an enactment of a province of Canada to act in a manner similar to a statutory property guardian, and

(c) complies with any prescribed requirements,

may exercise powers and perform duties in British Columbia in respect of the adult for whom the person is acting, as if that person were a statutory property guardian under this Act.

(2) Subsection (1) also applies to a person who is acting under authority that has been delegated by a person described in subsection (1) (a).

2007-34-4.

[Not in force. Repealed.]

40 to 43  [Not in force. Repealed 2006-33-2.]

Part 3

[In force]

44-53  [In force.]

[Part in force. Remainder repealed.]

54  (1) [In force.]

(2) [Words in force.]

(a) to (d) [In force.]

(e) [Repealed 2006-33-2.]

(f) to (i) [In force.]

(3) [In force.]

[In force]

55 to 60  [In force.]

Part 4 — Administrative and Miscellaneous Provisions

[In force]

61 to 64  [In force.]

Transition from the Patients Property Act

65  (1) If an adult who is a patient within the meaning of paragraph (b) of the definition of "patient" in section 1 of the Patients Property Act has, at the time that section is repealed, a committee with power and authority over the adult's person and the adult's affairs

(a) the person who until the repeal of that section was the committee is deemed to have been appointed under this Act as guardian with the same powers as the committee,

(b) the order appointing the committee is deemed to have been made under this Act and a reference in the order to the committee or the patient is deemed for the purposes of this Act to be a reference to the guardian or the adult respectively, and

(c) the person deemed to be the guardian must apply to the court within 6 years after the repeal of that section for a review of the order.

(2) If an adult who is a patient within the meaning of paragraph (b) of the definition of "patient" in section 1 of the Patients Property Act has, at the time that section is repealed, a committee with power and authority over either the adult's person or the adult's affairs

(a) the person who until the repeal of that section was the committee is deemed to have been appointed under this Act as substitute decision maker with the same powers as the committee,

(b) the order appointing the committee is deemed to have been made under this Act and a reference in the order to the committee or the patient is deemed for the purposes of this Act to be a reference to the substitute decision maker or the adult respectively, and

(c) the person deemed to be the substitute decision maker must apply to the court within 3 years after the repeal of that section for a review of the order.

(3) If an adult is a patient within the meaning of paragraph (a) of the definition of "patient" in section 1 of the Patients Property Act at the time that section is repealed,

(a) the Public Guardian and Trustee is deemed to have been appointed under this Act as substitute decision maker with power

(i) subject to section 20 (c) of this Act, to obtain legal services for the adult and instruct counsel to commence, continue, compromise, defend or settle any legal proceeding on the adult's behalf, and

(ii) to manage the adult's financial affairs, business and assets to the extent specified in section 19 (d), (h), (i) and (j) of this Act,

(b) the appointment of the Public Guardian and Trustee is deemed to have been made under this Act and a reference to the patient is deemed for the purposes of this Act to be a reference to the adult, and

(c) the Public Guardian and Trustee must

(i) assess the need for the appointment within 5 years after the repeal of that section, and

(ii) after completing the assessment, apply to the court under section 36 of this Act.

1993-35-65; B.C. Reg. 111/00.

Commencement

66  This Act comes into force by regulation of the Lieutenant Governor in Council.

1993-35-100.