Overview
Under the Community Care and Assisted Living Act, a licensee (e.g. officer, director or agent) or an employee (including a volunteer or contractor) of a community care facility or an assisted living residence must not persuade or induce, or attempt to persuade or induce, a person in care to:
- Make or alter their will
- Make a gift or provide a benefit to the licensee or employee, or to their family or friends
- Conduct the financial affairs of the person in care for the benefit of the licensee or employee, or their family or friends
Any provision in a will, an altered will, a gift or other benefit to a licensee or employee or their family or friends is void unless the Public Guardian and Trustee (PGT) has provided written consent.
Similar rules and procedures also apply to employees of extended care facilities and private hospitals under the Hospital Act.
PGT’s process when providing consent
When asked to provide consent under the Community Care and Assisted Living Act, the PGT’s starting point is that the gift, bequest or benefit to a care provider is void. Approval is not granted unless there is evidence to show otherwise.
When the gift is made in a will, we will only consider a request to approve a gift, bequest or benefit after the representation grant has been issued. A representation grant, sometimes called an estate grant, is a document that says who has been legally proven to be the executor named in the will. For more information, see Grant application review services.
When asked to provide approval, we must establish that the circumstances are appropriate, and ensure that:
- The person in care voluntarily made the will, gift or benefit, without being persuaded or induced
- The person in care was capable of making a will, gift or benefit
Whether the circumstances are considered appropriate depends on many factors, including but not limited to:
- The conduct of the management and staff of the care facility
- The nature of the relationship between the person in care and the licensee or employee, or their family or friends
- The total amount of the bequest and its size in relation to the entire estate of the person in care
- Any evidence of undue influence
- Whether there are dependents of the person in care whose reasonable expectations would be negatively affected by the will, gift or benefit
We also consider the views of family members and evidence of the adult’s capability.
The PGT may contact anyone who may have information about the capability of the person in care to voluntarily make such a bequest, gift or other benefit. This includes:
- The care facility
- The witnesses to the will
- Any lawyer or notary public involved in drafting the will
- Any medical staff, relatives or service providers
We will only approve a gift from a person in care or assisted living in a care facility or residence employee, other licensee, or registrant if:
- The nature of the relationship between the person in care or assisted living and the care facility, residence employee, licensee or registrant goes, or went, beyond the relationship established within the care facility or residence
- There is sufficient evidence that the gift was truly voluntary
Requesting consent from the PGT
Required information for your request for consent
Please provide the following information in a letter:
- The contact details for the following people:
- Care facility staff
- Medical staff
- Family members
- Witnesses of the will and lawyer/notary public who helped draft the will
- Any information you have about the nature of the relationship
- Whether there are any dependents of the person in care whose reasonable expectations would be negatively affected by the will, gift or benefit
We also require a copy of the will and documentation regarding the size of the estate.
How to submit a request for consent to the PGT
Please submit your request for consent and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at stalegal@trustee.bc.ca for assistance.
Fees
The PGT charges a fee of $105.00 ($100.00 plus 5% GST) to review a request for consent. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.