Section 1 definition of "abuse" paragraph (b) BEFORE amended by 2007-34-1(a), effective September 1, 2011 (BC Reg 14/2011).
(b) damage to or loss of assets,
Section 1 definitions of "decision maker" and "nearest relative" BEFORE repealed by 2007-34-1(d), effective September 1, 2011 (BC Reg 14/2011).
"decision maker" means a person appointed under this Act as an associate decision maker or substitute decision maker;
"nearest relative" means the person mentioned in the definition of "near relative" who has priority in the order mentioned in that definition;
Section 1 definition of "designated agency" paragraph (1) BEFORE repealed by 2007-34-1(e), effective September 1, 2011 (BC Reg 14/2011).
(a) in Part 2, a public body, organization or person designated under section 61 (a) for the purposes of that Part,
Section 1 definition of "near relative" BEFORE amended by 2007-34-1(f), effective September 1, 2011 (BC Reg 14/2011).
"near relative" means an adult child, a parent, an adult brother or sister or any other adult relation by birth or adoption;
Section 1 definition of "neglect" BEFORE amended by 2007-34-1(g), effective September 1, 2011 (BC Reg 14/2011).
"neglect" means any failure to provide necessary care, assistance, guidance or attention to an adult that causes, or is reasonably likely to cause within a short period of time, the adult serious physical, mental or emotional harm or substantial damage to or loss of assets, and includes self neglect;
Section 1 definition of "self-neglect" BEFORE amended by 2007-34-1(h), (i) and (j), effective September 1, 2011 (BC Reg 14/2011).
"self-neglect" means any failure of an adult to take care of himself or herself that causes, or is reasonably likely to cause within a short period of time, serious physical or mental harm or substantial damage to or loss of assets, and includes
(a) living in grossly unsanitary conditions,
(b) suffering from an untreated illness, disease or injury,
(c) suffering from malnutrition to such an extent that, without intervention, the adult's physical or mental health is likely to be severely impaired,
(d) creating a hazardous situation that will likely cause serious physical harm to the adult or others or cause substantial damage to or loss of assets, and
(e) suffering from an illness, disease or injury that results in the adult dealing with his or her assets in a manner that is likely to cause substantial damage to or loss of the assets;
Section 1 definitions of "attorney", "enduring power of attorney", "financial affairs" and "power of attorney" were added by 2007-34-1(k), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-1(k) was amended by 2011-5-1, effective May 29, 2008 (BC Reg 111/2011).
Section 1 definition of "spouse" paragraph (b) BEFORE amended by 2011-25-279, effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
Section 1 definition of "court", paragraph (a), BEFORE amended by 2007-34-1(c), effective December 1, 2014 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 1 definitions of "health authority designate", "health care provider", "qualified health care provider" and "statutory property guardian" were added by 2007-34-1(k), effective December 1, 2014 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 1 definition of "neglect" BEFORE amended by 2021-3-1, effective March 25, 2021 (Royal Assent).
"neglect" means any failure to provide necessary care, assistance, guidance or attention to an adult that causes, or is reasonably likely to cause within a short period of time, the adult serious physical, mental or emotional harm or substantial damage or loss in respect of the adult's financial affairs, and includes self neglect;
Section 2 (b) and (c) BEFORE amended by 2007-34-2, effective September 1, 2011 (BC Reg 14/2011).
(b) all adults should receive the most effective, but the least restrictive and intrusive, form of support, assistance or protection when they are unable to care for themselves or their assets;
(c) the court should not be asked to appoint, and should not appoint, decision makers or guardians unless alternatives, such as the provision of support and assistance, have been tried or carefully considered.
Section 3 (1) BEFORE amended by 2007-34-3, effective September 1, 2011 (BC Reg 14/2011).
(1) Until the contrary is demonstrated, every adult is presumed to be capable of making decisions about personal care, health care, legal matters or about the adult's financial affairs, business or assets.
Part 2.1 heading was enacted by 2007-34-4, effective December 1, 2014, RS1996 (Supp)-6-Part 2.1 hdg (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 32 was enacted by 2007-34-4, effective December 1, 2014, RS1996 (Supp)-6-32 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 32 (3.1) (b) and (4) (b) BEFORE amended by 2015-41-19, effective November 17, 2015 (Royal Assent).
(b) notified the adult and, if contact information is known to the health authority designate, the adult's spouse or a near relative of the adult of the intention to issue the certificate and the reasons for issuing it, and
(b) advise the adult and, if contact information is known to the health authority designate, the adult's spouse or a near relative of the adult that a certificate of incapability in respect of the adult has been issued, and provide each of them with a copy of the certificate.
Section 33 (2) (b) and (3) were enacted by 2007-34-4, effective December 1, 2014, RS1996 (Supp)-6-33 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 34 (b) to (d) were enacted by 2007-34-4, effective December 1, 2014, RS1996 (Supp)-6-34 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 35 was enacted by 2007-34-4, effective December 1, 2014, RS1996 (Supp)-6-35 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 37 (3) and (4) were enacted by 2007-34-4, effective December 1, 2014, RS1996 (Supp)-6-32 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Section 45 (2) (b) BEFORE amended by 2007-34-6, effective September 1, 2011 (BC Reg 14/2011).
(b) prevent an adult's representative, decision maker or guardian from refusing health care for the adult in accordance with wishes the adult expressed while capable, even if the refusal will result in the adult's death.
Section 46 (1) (b) BEFORE amended by 2001-2-1, effective March 29, 2001 (Royal Assent).
(b) is unable to stop the abuse or neglect for any of the reasons mentioned in section 44,
Section 46 (2) BEFORE amended by 2007-34-7, effective September 1, 2011 (BC Reg 14/2011).
(2) A person must not disclose or be compelled to disclose the identity of a person who makes a report under this section.
Section 47 (3) (d) BEFORE amended by 2001-2-2, effective March 29, 2001 (Royal Assent).
(d) investigate to determine if the adult is abused or neglected and is unable, for any of the reasons mentioned in section 44, to stop the abuse or neglect.
Section 47 (1) (c) BEFORE amended by 2007-34-8, effective September 1, 2011 (BC Reg 14/2011).
(c) receives a report that the adult's representative, decision maker, guardian or monitor has been hindered from visiting or speaking with the adult.
Section 48 (2) (b) (iii) BEFORE amended by 2007-34-9, effective September 1, 2011 (BC Reg 14/2011).
(iii) any person that manages the adult's financial affairs, business or assets.
Section 49 (4) (b) BEFORE amended by 2001-2-2, effective March 29, 2001 (Royal Assent).
(b) is, for any of the reasons mentioned in section 44, unable to stop the abuse or neglect.
Section 51 (3) (b) BEFORE amended by 2001-2-3, effective March 29, 2001 (Royal Assent).
(b) the adult is unable, for any of the reasons mentioned in section 44 (c), to stop the abuse.
Section 51 (1) (d) BEFORE repealed by 2007-34-10(a), effective September 1, 2011 (BC Reg 14/2011).
(d) assist the adult in obtaining a representative;
Section 51 (1) (e) BEFORE amended by 2007-34-10(b) and (c), effective September 1, 2011 (BC Reg 14/2011).
(e) apply to the court for an interim order requiring a person
(i) to stop residing at and stay away from the premises where the adult lives, unless the person is the owner or lessee of the premises,
(ii) not to visit, communicate with, harass or interfere with the adult,
(iii) not to have any contact or association with the adult or the adult's assets, business or financial affairs, or
(iv) to comply with any other restriction of relations with the adult,
for a period of up to 30 days;
Section 51 (2) BEFORE amended by 2007-34-10(d), effective September 1, 2011 (BC Reg 14/2011).
(2) Within 72 hours after filing with the court an application for an interim order under subsection (1) (e), the designated agency must serve a copy of the application on the adult and on the person against whom the order is sought.
Section 51 (1) (f) BEFORE amended by 2011-25-280, effective March 18, 2013 (BC Reg 131/2012).
(f) apply to the court for an order under Part 7 of the Family Relations Act for the adult's maintenance;
Section 52 (a) BEFORE amended by 2001-2-4, effective March 29, 2001 (Royal Assent).
(a) stop the abuse or neglect, and
Section 54 (2) BEFORE amended by 2001-2-5, effective September 1, 2001 (BC Reg 99/2001).
(2) Within 72 hours after the application is filed with the court, the designated agency must serve a copy of the application on the following:
(a) the adult who is the subject of the application;
(b) the adult's spouse or, if the adult has no spouse, the person living in Canada who is the adult's nearest relative;
(c) the person in charge of any hospital, facility or residence where the adult may be residing or receiving care;
(d) the Public Guardian and Trustee;
(e) [Not in force — see Supplement]
(f) the adult's representative, decision maker or guardian;
(g) any person chosen under section 16 of the Health Care (Consent) and Care Facility (Admission) Act to make a decision for the adult;
(h) any person against whom an order is sought under section 56 (3);
(i) any other person that the court may direct.
Section 54 (2) (f) BEFORE amended by 2007-34-11(a), effective September 1, 2011 (BC Reg 14/2011).
(f) the adult's representative, decision maker or guardian;
Section 56 (1) (b) BEFORE amended by 2001-2-6, effective March 29, 2001 (Royal Assent).
(b) is unable to stop the abuse or neglect because of an illness, disease, injury or other condition that affects his or her ability to make decisions about the abuse or neglect, and
Section 56 (7) BEFORE amended by 2001-2-7, effective September 1, 2001 (BC Reg 99/2001).
(7) An order made under this section terminates 6 months after it is made or on an earlier date specified by the court.
Section 56 (3) (c) (iii) BEFORE amended by 2007-34-12(a), effective September 1, 2011 (BC Reg 14/2011).
(iii) not to have any contact or association with the adult or the adult's assets, business or financial affairs, or
Section 56 (4) (a), (d) and (7) BEFORE amended by 2007-34-12(b), effective September 1, 2011 (BC Reg 14/2011).
(a) admission to an available care facility, hospital or other facility for a specified period of up to 6 months;
(d) supervised residence in a care home, the adult's home or some other person's home, for a specified period of up to 6 months;
(7) An order made under subsection (3) (a) terminates 6 months after it is made or on an earlier date specified by the court.
Section 56 (4) (e) BEFORE amended by 2007-34-12(b) and (c), effective September 1, 2011 (BC Reg 14/2011).
(e) the provision, for a specified period of up to 6 months, of available services to ensure that the adult's financial affairs, business or assets are properly managed and protected, including any services that may be offered by the Public Guardian and Trustee.
Section 56 (3) (b) BEFORE amended by 2011-25-281, effective March 18, 2013 (BC Reg 131/2012).
(b) make an order under Part 7 of the Family Relations Act for the provision of maintenance for the adult,
Section 57 (4) (b) BEFORE amended by 2007-34-13, effective September 1, 2011 (BC Reg 14/2011).
(b) renew the order for a further period of up to 6 months if the court is satisfied that the adult still needs the support and assistance provided under section 56 (3) (a).
Section 58 (1) BEFORE amended by 2001-2-8, effective September 1, 2001 (BC Reg 99/2001).
58 (1) A person against whom an order is made under section 56 (3) (c) may apply to the court to change or cancel the order.
Section 59 (1) (b) (iii) BEFORE amended by 2007-34-14(a), effective September 1, 2011 (BC Reg 14/2011).
(iii) protect the adult's assets from significant damage or loss, and
Section 59 (2) (d) BEFORE amended by 2007-34-14(b), effective September 1, 2011 (BC Reg 14/2011).
(d) inform the Public Guardian and Trustee that the adult's financial affairs, business or assets need immediate protection;
Section 60 (5) BEFORE amended by 2001-2-9, effective September 1, 2001 (BC Reg 99/2001).
(5) The appeal suspends the effect of the decision under appeal.
Section 60 (4) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(4) The Rules of Court apply to an appeal under subsection (1) to the extent that they are consistent with this section.
Section 61 (a) BEFORE repealed by 2007-34-16, effective September 1, 2011 (BC Reg 14/2011).
(a) by regulation, designate as agencies for the purposes of Part 2 any public body, organization or person,
Section 62 BEFORE re-enacted by 2007-34-17, effective December 1, 2014 (BC Reg 25/2014, repealing BC Reg 131/2013 and as amended by BC Reg 203/2014).
Right of agency and Public Guardian and Trustee to information and duty to ensure confidentiality
62 (1) A designated agency and the Public Guardian and Trustee have the right to all the information necessary to enable them to perform their duties, powers and functions under this Act.
(2) Any person who has custody or control of information that a designated agency or the Public Guardian and Trustee is entitled to under subsection (1) must disclose that information to the designated agency or the Public Guardian and Trustee.
(2.1) Subsections (1) and (2) override
(a) any claim of confidentiality or privilege, other than a claim based on solicitor-client privilege, and
(b) any restriction in an enactment or the common law about the disclosure or confidentiality of information, other than a restriction in section 51 of the Evidence Act.
(3) A designated agency must not disclose information obtained under this Act except for the purposes of performing the duties, powers or functions of the designated agency under this Act.
(4) The Public Guardian and Trustee must not disclose information obtained under this Act except for the purposes of performing the duties, powers or functions of the Public Guardian and Trustee.
Section 63 (2) BEFORE amended by 2001-2-12, effective March 29, 2001 (Royal Assent).
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follow:
Section 63 BEFORE re-enacted by 2007-34-17, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-17 was amended by 2008-30-2, effective May 29, 2008 (Royal Assent).
Power to make regulations
63 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) governing reviews under section 4 (2) and assessments under sections 4 (3) and 53 (5);
(b) prescribing advocacy organizations for the purposes of sections 4 (10) (e), 8 (2) (f) and 54 (2) (e);
(c) prescribing amounts for the purpose of section 20 (f);
(d) prescribing guidelines for the remuneration of decision makers and guardians under section 33;
(e) prescribing jurisdictions for the purposes of section 42 (resealing foreign orders);
(f) to do anything required to effect or assist the operation of this Act.
Section 64 (1) (c) BEFORE amended by 2001-2-13, effective March 29, 2001 (Royal Assent).
(c) contravenes an order made under section 56 (3) (c),
Supplement, sections 40 to 43 BEFORE repealed by 2006-33-2, effective September 1, 2011 (14/2011 and 141/2011).
If decision maker or guardian is unable to act
40 If a decision maker or guardian dies, becomes incapable or is for any other reason unable to act and if there is no alternate decision maker or guardian who is willing and able to act, the Public Guardian and Trustee may exercise the authority of the decision maker or guardian until a person is appointed under section 10.
1993-35-40; B.C. Reg. 111/00.
Legal proceedings
41 (1) A decision maker or guardian who is authorized under this Act to instruct a lawyer to commence, continue, defend or settle a proceeding on behalf of an adult is the adult's litigation guardian for the purposes of that proceeding, unless the court orders otherwise.
(2) If a person commences a proceeding against the adult, the person must serve notice of the proceeding on the litigation guardian and on the Public Guardian and Trustee.
(3) If the litigation guardian commences or continues a proceeding on behalf of the adult or intends to settle or compromise a claim brought by, on behalf of or against the adult, the litigation guardian must serve notice of the proceeding, settlement or compromise on the Public Guardian and Trustee.
(4) No settlement or compromise of a claim referred to in subsection (3) is binding without the written approval of the Public Guardian and Trustee.
(5) The Public Guardian and Trustee is entitled
(a) to be heard if the litigation guardian applies to the court for approval of a settlement or compromise of a claim referred to in subsection (3), and
(b) to any costs the court orders.
1993-35-41; B.C. Reg. 111/00.
Orders from outside British Columbia
42 (1) In this section, "foreign order" means an order that a court outside British Columbia makes and that appoints a person to carry out duties comparable to those of a decision maker or guardian.
(2) Any person may apply to the Supreme Court for an order resealing a foreign order that was made
(a) in a province or territory of Canada, or
(b) in a prescribed jurisdiction outside Canada.
(3) The Supreme Court may order the foreign order to be resealed if the applicant files with the court
(a) a copy of the foreign order bearing the seal of the court that made it or a copy of the foreign order certified by the registrar or other officer of the court that made it, and
(b) a certificate signed by the registrar or other officer of the court that made the foreign order stating that the order is unrevoked and of full effect.
(4) A foreign order that has been resealed
(a) has the same effect in British Columbia as if it were an order made under this Act appointing a decision maker or guardian,
(b) is subject in British Columbia to any condition imposed by the Supreme Court that the court may impose under this Act on an order appointing a decision maker or guardian, and
(c) is subject in British Columbia to the provisions of this Act respecting decision makers or guardians.
1993-35-42.
Appointment of persons outside British Columbia
43 (1) If an adult who is resident in another province or territory has assets in British Columbia, the Lieutenant Governor in Council may appoint as substitute decision maker or guardian for those assets the person who has, for the adult's assets in the other province or territory, duties comparable to those of a substitute decision maker or guardian under this Act.
(2) An order in council under subsection (1) is conclusive evidence that all conditions precedent to the appointment have been fulfilled.
(3) A person appointed as substitute decision maker or guardian under subsection (1),
(a) has, for the adult's assets in British Columbia, the same duties, powers, functions, privileges and immunities as those of a substitute decision maker or guardian appointed by the court under this Act, and
(b) is subject in British Columbia to the provisions of this Act respecting substitute decision makers or guardians.
(4) Anything done by a person appointed by order in council under this section is binding in all courts and land title offices as if it were done by a substitute decision maker or guardian appointed by the court.
1993-35-43.