Section 1 definition of "board" BEFORE repealed by 2002-63-18, effective October 31, 2002 (Royal Assent).
"board" means the Advisory Board appointed under section 4;
Section 1 definition of "decision maker" BEFORE repealed by 2007-34-105(a), effective September 1, 2011 (BC Reg 14/2011).
"decision maker" means a person appointed by the court under the Adult Guardianship Act as an associate decision maker or substitute decision maker;
Section 1 definition of "guardian" BEFORE amended by 2007-34-105(a), effective September 1, 2011 (BC Reg 14/2011 and 111/2011).
Note: 2007-34-105(a) was amended by 2009-22-38, effective October 29, 2009 (Royal Assent)]
"guardian" means a person appointed by the court under the Adult Guardianship Act as a guardian, and includes a committee under the Patients Property Act;
Section 1 definitions "enduring power of attorney" and "representative" were added by 2007-34-105(b), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-105(b) was amended by 2011-5-15, effective June 17, 2011 (BC Reg 111/2011).
Section 1 definition of "power of attorney" was added by 2007-34-105(b), effective September 1, 2011 (BC Reg 14/2011 and 111/2011).
Note: 2007-34-105(b) was amended by 2011-5-15, effective June 17, 2011 (BC Reg 111/2011).
Section 2 (2) BEFORE amended by 236/2011, effective December 14, 2011.
(2) The Lieutenant Governor in Council may appoint, under the Public Service Act, as Public Guardian and Trustee a person who meets the criteria established under section 28 (a).
Section 2 (4) BEFORE amended by 2023-10-926, effective March 30, 2023 (Royal Assent).
(4) If a new Public Guardian and Trustee is appointed, the predecessor must deliver all records and things in his or her custody or control as Public Guardian and Trustee to the new Public Guardian and Trustee.
Section 3 (2) (b) BEFORE amended by 2023-10-927, effective March 30, 2023 (Royal Assent).
(b) perform any duties that are assigned or delegated to him or her by the Public Guardian and Trustee, and
Section 4 BEFORE repealed by 2002-63-19, effective October 31, 2002 (Royal Assent).
Advisory Board
4 (1) To ensure the public interest is served, the Lieutenant Governor in Council must appoint an Advisory Board to provide advice and make recommendations to the Public Guardian and Trustee about the matters specified in subsections (3) and (4) and in section 27 (2), (5) and (6).
(2) The board is to consist of not less than 6 and not more than 12 members selected by the Lieutenant Governor in Council to reflect the cultural, geographic and diverse needs of the people served by the office of the Public Guardian and Trustee.
(3) The Public Guardian and Trustee may consult with the board about general policy, the delivery of services and other matters relating to the functions of the office.
(4) The board may make general policy recommendations to the Public Guardian and Trustee about the strategic direction, the functions and the effectiveness of the delivery of services by the office of the Public Guardian and Trustee.
(5) The Public Guardian and Trustee must provide all information necessary to the board to enable it to fulfill the board's advisory function, unless the release of the information would conflict with the Public Guardian and Trustee's duty to maintain confidentiality.
(6) The board may report to the Attorney General from time to time on matters relating to the functions and performance of the office of the Public Guardian and Trustee.
(7) The members of the board are entitled to be paid an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out the business of the board.
(8) In addition, the members of the board, other than those appointed under the Public Service Act, may be paid for their services an amount that the Lieutenant Governor in Council determines.
Section 5 (1) (a) BEFORE amended by 2007-34-106, effective September 1, 2011 (BC Reg 14/2011).
(a) to the Public Guardian and Trustee by this Act or another Act, including the Adult Guardianship Act, the Health Care (Consent) and Care Facility (Admission) Act and the Representation Agreement Act,
Section 6 (c) BEFORE amended by 2007-34-107(b), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-107(b) was amended by 2009-22-39, effective October 29, 2009 (Royal Assent)]
(c) act as attorney of a person in accordance with the terms of a power of attorney.
Section 7 (1) and (2) BEFORE amended by 2011-25-431, effective March 18, 2013 (BC Reg 131/2012).
(1) If appointed under a court order or enactment as guardian of the estate of a young person, the Public Guardian and Trustee is a trustee of all property that comes into the control of, or is held by, the Public Guardian and Trustee on behalf of the young person.
(2) If guardian of the estate of a young person, the Public Guardian and Trustee may act as litigation guardian for the young person in making or defending claims brought for or against the young person as the Public Guardian and Trustee considers advisable and in the young person's best interests.
Section 8 BEFORE repealed by 2002-33-13, effective February 28, 2003 (BC Reg 34/2003).
8 If acting as trustee under section 6 (b) or as guardian under section 7 (1), the Public Guardian and Trustee must comply with the Trustee Act unless this Act, a court order or an instrument that provides for the Public Guardian and Trustee's appointment as trustee or guardian provides otherwise.
Section 8 BEFORE amended by 2011-25-432, effective March 18, 2013 (BC Reg 131/2012).
Duty to comply with Trustee Act
8 If acting as trustee under section 6 (b) or as guardian under section 7 (1), the Public Guardian and Trustee must comply with the Trustee Act unless this Act, the regulations, a court order or an instrument that provides for the Public Guardian and Trustee's appointment as trustee or guardian provides otherwise.
Section 9 (4) (c) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(c) with the Minister of Finance and Corporate Relations.
Section 12 (4), (5), (6) and (7) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(4) Money in the common funds must be placed with the Minister of Finance and Corporate Relations for investment subject to the strategic investment policies and objectives drawn up under subsection (3), unless the Minister of Finance and Corporate Relations directs that the money remain with the Public Guardian and Trustee for investment.
(5) Any money placed with the Minister of Finance and Corporate Relations under subsection (4) is deemed to have been placed under section 40 (5) of the Financial Administration Act.
(6) Money to be invested by the Minister of Finance and Corporate Relations under subsection (4) is trust funds for the purposes of sections 40 to 44 of the Financial Administration Act and the Public Guardian and Trustee is the trustee of the money.
(7) In accordance with the statement of strategic investment policies and objectives drawn up under subsection (3), the Minister of Finance and Corporate Relations must prepare quarterly reports for the Public Guardian and Trustee outlining the investment performance of all funds invested by that minister under subsection (4).
Section 14 (a) BEFORE repealed by 2002-33-14, effective February 28, 2003 (BC Reg 34/2003).
(a) may be registered, despite section 20 of the Trustee Act, in the name of a bank or trust company or the nominee of either, as long as it is apparent that the Public Guardian and Trustee is the beneficial owner, and
Section 14 (b) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(b) may be kept in the custody of a bank or trust company or of the Minister of Finance and Corporate Relations, or be maintained in a book based system by a depository for securities.
Section 16 (2) (a) BEFORE amended by 2001-2-24, effective March 29, 2001 (Royal Assent).
(a) is a first lien or charge in favour of the government on all the property and assets of the estate of the person to whom the loan is made, and
Section 17 BEFORE re-enacted by 2007-34-108, effective September 1, 2011 (BC Reg 14/2011).
Power to investigate and audit
17 (1) The Public Guardian and Trustee may investigate and audit the affairs, dealings and accounts of
(a) a trust, a beneficiary of which is or may be
(i) a young person,
(ii) an adult who has a decision maker or guardian, or
(iii) an adult who does not have a decision maker or guardian but who is apparently abused or neglected, as defined in the Adult Guardianship Act,
(b) an attorney under a power of attorney if the Public Guardian and Trustee has reason to believe that the person who granted the power of attorney is incapable of managing his or her financial affairs, business or assets,
(c) a representative under a representation agreement, or
(d) a decision maker or guardian
if the Public Guardian and Trustee has reason to believe that the interest in the trust, or the assets of the young person or adult, may be at risk, or that the attorney, representative or decision maker or guardian has failed to comply with his or her duties.
(2) In addition, the Public Guardian and Trustee may investigate the personal care and health care decisions made by
(a) a representative under a representation agreement, or
(b) a decision maker or guardian
if the Public Guardian and Trustee has reason to believe the representative, decision maker or guardian has failed to comply with his or her duties.
Section 17 (1) second paragraph (c) and (d) BEFORE renumbered as (d) and (e) by 236/2011, effective December 14, 2011.
(c) a representative, or
(d) a guardian,
Section 17 (1) (c) BEFORE amended by 2023-10-928(a), effective March 30, 2023 (Royal Assent).
(c) an attorney under a power of attorney or an enduring power of attorney, if the Public Guardian and Trustee has reason to believe that the person who granted the power of attorney or enduring power of attorney is incapable of managing his or her financial affairs, business or assets,
Section 17 (1) sandwich text BEFORE amended by 2023-10-928(b), effective March 30, 2023 (Royal Assent).
if the Public Guardian and Trustee has reason to believe that the interest in the trust, or the assets of the young person or adult, may be at risk, or that the representative, guardian or attorney has failed to comply with his or her duties.
Section 17 (2) BEFORE amended by 2023-10-928(c), effective March 30, 2023 (Royal Assent).
(2) In addition, the Public Guardian and Trustee may investigate the personal care and health care decisions made by a representative or guardian, if the Public Guardian and Trustee has reason to believe the representative or guardian has failed to comply with his or her duties.
Section 18 (2) BEFORE amended by 2001-2-25, effective March 29, 2001 (Royal Assent).
(2) In addition to any powers given in another Act, in making an investigation or audit under section 17, the Public Guardian and Trustee may
(a) require the trustee, attorney, representative, decision maker or guardian to produce any accounts, securities or other records,
(b) require a person, institution, or other body having records or knowledge of the financial affairs, business or assets of the young person or adult to produce any accounts, securities or other records,
(c) inspect and copy the accounts, securities and other records produced, and
(d) require the trustee, attorney, representative, decision maker, monitor or guardian to provide any report, information and explanations the Public Guardian and Trustee considers necessary to the investigation or audit.
Section 18 (3) (a) BEFORE amended by 2001-2-26, effective March 29, 2001 (Royal Assent).
(a) must comply, and
Section 18 (2) BEFORE amended by 2007-34-109, effective September 1, 2011 (BC Reg 14/2011).
(2) In addition to any powers given in another Act, in making an investigation or audit the Public Guardian and Trustee may do one or more of the following:
(a) for an investigation or audit under section 17 (1),
(i) require the trustee, attorney, representative, decision maker or guardian to produce any accounts, securities or other records, and
(ii) require a person, institution or other body having records relating to the financial affairs, business or assets of the young person or adult to produce any accounts, securities or other records
the Public Guardian and Trustee considers necessary for the investigation or audit;
(b) for an investigation under section 17 (2),
(i) require the representative, decision maker or guardian to produce any records relating to the personal care and health care decisions, and
(ii) require a person, institution or other body having records relating to the personal care or health care decisions to produce any personal care or health care records;
(c) inspect and copy any records produced under paragraph (a) or (b);
(d) for an investigation or audit under section 17 (1) or (2), require the trustee, attorney, representative, decision maker or guardian, or a monitor under a representation agreement, to provide any report, information or explanation the Public Guardian and Trustee considers necessary for the investigation or audit.
Section 19 (2) (b) BEFORE amended by 2007-34-110(a), effective September 1, 2011 (BC Reg 14/2011).
(b) direct any source of income for the young person or the adult to send the income to the Public Guardian and Trustee to be held in trust for the young person or adult;
Section 19 (3) BEFORE amended and (4) was added by 2007-34-110(b) and (c), effective February 28, 2013 (BC Reg 62/2013).
(3) A step taken under subsection (2) remains in effect for 7 days or a shorter period set by the Public Guardian and Trustee.
Section 19 (4) (b) BEFORE amended by 2014-9-49, effective June 23, 2014 (BC Reg 115/2014).
(b) the step taken must not continue for longer than a total of 90 days.
Section 21 (6) BEFORE amended by 2018-5-14, effective May 17, 2018 (Royal Assent).
(6) Amounts paid out under this section must be included in the statement referred to in section 15 (1) of the Crown Proceeding Act.
Section 21 (2) (a) BEFORE amended by 2023-10-929, effective March 30, 2023 (Royal Assent).
(a) that the Public Guardian and Trustee, if he or she were a private trustee, would be personally liable to discharge, or
Section 22 (1) and (4) BEFORE amended by 2002-63-20, effective October 31, 2002 (Royal Assent).
22 (1) After consulting with the board, the Public Guardian and Trustee must deliver to the Attorney General, for approval, a service delivery plan not later than 3 months before the beginning of each fiscal year.
(4) After consulting with the board, the Public Guardian and Trustee may modify the service delivery plan at any time with the approval of the Attorney General and Treasury Board.
Section 23 (5) and (6) BEFORE repealed by 2003-37-42(c), effective May 29, 2003 (Royal Assent).
(5) In addition, the Public Guardian and Trustee may make a reasonable charge for any service that
(a) is performed by an officer or employee of the Public Guardian and Trustee in connection with an estate or trust administered or managed by the Public Guardian and Trustee, and
(b) is one for which a charge would be made if performed by a person retained or employed to perform that service by a private trustee.
(6) An amount charged by the Public Guardian and Trustee under subsection (5) is a disbursement for the purpose of the estate or trust.
Section 24 (2) (d) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(d) money that the Minister of Finance and Corporate Relations directs to be paid into the operating account.
Section 24 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) The Public Guardian and Trustee may require the Minister of Finance and Corporate Relations to make payments out of the operating account for the purposes of paying for the costs involved in providing services and operating the office.
Section 25 (3) (d) BEFORE amended by 2003-2-39, effective April 4, 2003 (BC Reg 160/2003).
(d) the Auditor General's report on the statement referred to in paragraph (c).
Section 26 (1) BEFORE amended by 2003-2-40, effective April 4, 2003 (BC Reg 160/2003).
(1) The Auditor General must
(a) audit annually the financial statements of the office of the Public Guardian and Trustee, and
(b) report on the Public Guardian and Trustee's statement under section 25 (3) (c).
Section 26 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(2) The Minister of Finance and Corporate Relations or the Attorney General may audit, at any time, the books, accounts and financial statements of the Public Guardian and Trustee.
Section 26 (1) (b) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(b) report on the Public Guardian and Trustee's statement under section 25 (3) (c) of the Public Guardian and Trustee Act.
Section 26 (1.1) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(1.1) If the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the Public Guardian and Trustee, the Auditor General must also report on the Public Guardian and Trustee's statement under section 25 (3) (c) of the Public Guardian and Trustee Act.
Section 27 (1) to (3) BEFORE repealed by 2002-63-21, effective October 31, 2002 (Royal Assent).
(1) The Public Guardian and Trustee must arrange for
(a) periodic independent evaluations of the effectiveness of the Adult Guardianship Act, the Health Care (Consent) and Care Facility (Admission) Act, the Representation Agreement Act and this Act, and the regulations, policies and procedures enacted or developed under those Acts and this Act, and
(b) the preparation of interim and final reports on each evaluation.
(2) Before arranging for an evaluation, the Public Guardian and Trustee must consult with the board about the evaluation plan.
Section 27 (6) BEFORE repealed by 2002-63-21, effective October 31, 2002 (Royal Assent).
(3) An evaluation must be done after the first 3 years of operation of the office of the Public Guardian and Trustee and every 5 years after that.
(6) After consulting with the board about the results of an evaluation, the Public Guardian and Trustee must present the evaluation report and the Public Guardian and Trustee's response to the Attorney General within 12 months after the end of the period under evaluation.
Section 27.1 BEFORE amended by 2003-9-22, effective March 31, 2003 (BC Reg 149/2003).
27.1 (1) If a person who has a legal or equitable interest in all or part of money held by the Public Guardian and Trustee on behalf of a person or estate does not claim the money within the applicable period prescribed for the purposes of this section, the Public Guardian and Trustee must pay the money to the Minister of Finance and Corporate Relations.
(2) Money paid to the Minister of Finance and Corporate Relations under subsection (1) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.
Section 27.1 (1) was added [following the original (1) being renumbered (1.1)] by 2003-9-22(b), effective March 31, 2003 (BC Reg 149/2003).
Section 28 (3) was added by 2001-2-27 [expect am to renumber as (4)], effective March 29, 2001 (Royal Assent).
Section 28 (3) BEFORE renumbered by 2002-63-22, effective October 31, 2002 (Royal Assent).
(3) Despite any rule of law that prohibits a trustee from delegating powers or duties or from relying on investment advice, the investments that may be authorized under subsection (2) (b) include, but are not limited to, investments in mutual funds.
Section 28 (2) (b) BEFORE repealed by 2002-33-15(a), effective February 28, 2003 (BC Reg 34/2003).
(b) authorizing the Public Guardian and Trustee to invest in investments that are not authorized under the Trustee Act but that a prudent person would make;
Section 28 (4) [after having been renumbered as (4) (see above)] BEFORE repealed by 2002-33-15(b), effective February 28, 2003 (BC Reg 34/2003).
(4) Despite any rule of law that prohibits a trustee from delegating powers or duties or from relying on investment advice, the investments that may be authorized under subsection (2) (b) include, but are not limited to, investments in mutual funds.
Supplement, section 15 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
15 With the agreement of the Minister of Finance and Corporate Relations, the Public Guardian and Trustee may
Supplement, section 27 (4) and (5) BEFORE repealed by 2002-63-23, effective October 31, 2002 (Royal Assent).
(4) Each evaluation must include an assessment of
(a) the general public perception of the effectiveness of the Acts referred to in subsection (1) (a),
(b) the levels of satisfaction among adults, agencies and organizations who receive or deliver services under those Acts,
(c) the achievement of the objectives and other ways of achieving those objectives,
(d) the impact of unintended results, and
(e) the cost effectiveness of the service delivery mechanisms.
(5) After consulting with the board about the interim findings of an evaluation, the Public Guardian and Trustee may
(a) modify the evaluation plan, and
(b) present the interim findings and recommendations to the Attorney General.
Supplement BEFORE repealed by 2006-33-1(2)(o), effective May 18, 2006 (Royal Assent).
[Supplement]
Public Guardian and Trustee Act
[RSBC 1996] CHAPTER 383
Part 2 — Powers, Duties, Functions and Liability
Engagement of professionals
15 With the agreement of the Minister of Finance, the Public Guardian and Trustee may
(a) enter into any agreement,
(b) retain any technical, professional or other adviser, specialist or consultant, or
(c) do anything else
that is necessary for the purpose of making, managing or disposing of investments.
1993-64-15.