Overview
British Columbia has a legislative framework for issuing certificates of incapability in situations where adults are assessed as mentally incapable of managing their financial affairs, and the assistance of the Public Guardian and Trustee is the best option to support them.
The guide and training resources below have been created to support the practice of healthcare professionals involved with adults who may be incapable of managing their financial and legal affairs and a Certificate of Incapability making the Public Guardian and Trustee the adult’s committee of estate is the best option for supporting them.
The guide to the certificate of incapability process
The guide promotes best practices and consistent procedures throughout B.C. for issuing certificates of incapability based on the Adult Guardianship Act and the Statutory Property Guardianship Regulation and the protection of the rights of adults involved.
You can view the guide here: A Guide to the Certificate of Incapability Process under the Adult Guardianship Act (AGA) [PDF, 3.05MB].
Resources and forms
The resources and forms below support the certificate of incapability process. Some web browsers may not support all the features of PDF forms, such as fillable or calculating fields, and may produce errors. We recommend you download the form and open it using the latest version of Adobe Reader.
- Adult Information Sheet and Sample Script (PDF, 490KB)
- Adult information sheet and sample script - Chinese simplified (PDF, 575KB)
- Adult information sheet and sample script - Chinese traditional (PDF, 592KB)
- Adult information sheet and sample script - Persian (PDF, 280KB)
- Adult information sheet and sample script - Punjabi (PDF, 216.5KB)
- Adult information sheet and sample script - French (PDF, 279KB)
- Medical Component of Assessment Form (PDF, 725KB)
- Functional Component of Assessment Form (PDF, 755KB)
- Form 1 - AGA Report of Assessment of Incapability (PDF, 661KB)
- Details of Assessment (PDF, 685KB)
- HAD Information Package Cover Sheet (PDF, 695KB)
- HAD Checklist for Issuing a Certificate (PDF, 706KB)
- HAD Notice of Intention to Issue a Certificate (PDF, 664KB)
- Form 2 - Adult Guardianship Act Certificate of Incapability (PDF, 653KB)
- HAD's Concluding Letter to the Adult/Family (PDF, 672KB)
- HAD Acceptance of Determination of Capability (PDF, 665KB)
- Cancellation of Certificate of Incapability (For verification of a cancellation of a certificate, please contact the PGT at 1-877-511-4111 or AIS-PDS@trustee.bc.ca)
Training materials
Course: A Guide to the Certificate of Incapability Process under the Adult Guardianship Act
This course can be accessed via the PHSA LearningHub. Please read this How To document for information about setting up an account on the LearningHub and finding the course.
If you are a health authority-identified qualified health care provider or health authority designate, please access the course according to the preferred route suggested by your health authority - CCRS (VCH, Fraser, Island and Providence); iLearn (Interior); PHSA Learninghub (Northern) as it will save time with the required tracking .
This recording is about the certificate of incapability process and was recorded in November 2014.