Introduction to adult guardianship in B.C.

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Glossary Accessibility

Overview

The adult guardianship laws are designed to work together to make sure financial, legal, personal and health care decisions can be made by, with or for adults when needed. This includes if or when adults become mentally incapable.

Adults and their families and support networks are at the centre of the adult guardianship framework. The framework provides for the potential involvement of health practitioners, hospitals, health authorities, the legal community, police, financial institutions and the Public Guardian and Trustee (PGT).

Legal guiding principles

Every adult 19 years of age and older is presumed capable of making their own decisions, unless the contrary is demonstrated. A variety of medical circumstances may impair a person’s decision making. These include developmental disabilities, brain injuries or diseases related to aging, like dementia.

There are 6 laws in B.C. that provide tools for you to plan for your legal, financial, health and personal care, or protection for a time when you may not be able to manage your own affairs. These laws are designed to make sure that your wishes are heard and followed when you are not capable. The laws follow these guiding principles:

  • Every adult is presumed to be capable of making decisions about their personal care, health care and financial affairs unless this is proven to be not true
  • An adult’s way of communicating with others is not grounds for deciding they are incapable of making decisions
  • All adults are entitled to live in the manner they wish and to accept or refuse support, assistance or protection as long as they are capable of making decisions about those matters
  • All adults should receive the most effective, but least intrusive, form of support, assistance or protection when they are unable to care for themselves or their financial affairs
  • The court should not be asked to appoint and should not appoint a guardian (known as a “committee” in B.C.) unless alternatives such as providing support and assistance have been tried or carefully considered
  • If a committee has been appointed, the committee must foster the adult’s independence and involvement in decision making

Overview of decision making and legal options

The adult guardianship laws inform the process of deciding who, if anyone, should make or help make decisions for you when cannot make decisions on your own.

You make your own decisions

You have a right to make your own decisions as long as they do not harm others or themselves, and they are mentally capable. All adults are presumed to be mentally capable unless this is proven not true.

You identify someone to help you make decisions

You can make decisions, in advance of becoming incapable, about the people your trust to make decisions for you if you need assistance with decision-making. You can do this by making:

The court appoints others to make decisions for you

If you are mentally incapable of making decisions, trusted family or friends may be appointed committee of estate for financial and legal matters and/or committee of person to look after personal and health care matters by a court order. Alternatively, the Public Guardian and Trustee (PGT) may be appointed as committee of estate by a certificate issued by a health authority. A committee of person for personal and health care matters can only be appointed by a court order. For more information, see Private committee services.

Legal processes for making decisions on your behalf

There is a legislated process that allows others to make non-emergency health care decisions for you. The laws also make it possible for health authorities, Community Living BC and the PGT to respond to situations where an adult is experiencing abuse, neglect or self-neglect and are unable to seek support and assistance on their own because they are vulnerable or incapable. For more information, see Guide to being a temporary substitute decision maker and Protecting a vulnerable adult from abuse, neglect or self-neglect.

Adult guardianship laws in B.C.

There are 6 laws that provide tools for adults to plan for their legal, financial, health and personal care, or to be protected if they cannot plan or the plans they made have fallen apart.

Representation Agreement Act

This Act allows you to identify one or more representatives to make personal and health care and/or routine financial and legal decisions on your behalf. These include:

  • Decisions around routine financial and legal management and personal and health care matters
  • Care facility admission decisions
  • End of life decision making

Power of Attorney Act

This Act involves identifying one or more people to act as your attorney to make financial and legal decisions in the event that you cannot manage your financial affairs.

Health Care (Consent) and Care Facility (Admission) Act

This Act makes it clear how health care decisions will be made. It also allows you to make an advance directive. It outlines the decision making process for admission to care facilities including whom makes the decision.

Adult Guardianship Act

This Act contains the legal guiding principles for adult guardianship in B.C. It directs designated agencies on how to respond to abuse, neglect and self-neglect of vulnerable or incapable adults. It also outlines the process to determine if the Public Guardian and Trustee (PGT) needs to get involved as committee of estate. The involvement of the PGT should be a last resort but when it is necessary, the health authorities follow the process in this act to issue a certificate of incapability to make the PGT committee of estate.

Public Guardian and Trustee Act

This Act describes the responsibilities and duties of the PGT in protecting vulnerable adults and children in B.C. For adults, this includes the ability to investigate allegations of possible financial mismanagement, including by those acting as an adult’s substitute decision maker (such as a trustee, representative, attorney or committee) and to restrict access to assets if they need protection.

Patients Property Act

This Act outlines the process the court uses to make a committeeship order naming a trusted person, company or the PGT as a committee of estate and/or committee of person.

Information for adults, their families and support networks

You can find more information about the following:

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Overview Legal guiding principles Overview of decision making and legal options Adult guardianship laws in B.C. Information for adults, their families and support networks
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