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| This archived statute consolidation is current to August 17, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
[Link to Table of Legislative Changes which shows
currency of each section of the Act.]
Part 1 — Introductory Provisions
1 In this Act:
"adult" means anyone who has reached 19 years of age;
"care facility" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;
"court" means the Supreme Court of British Columbia;
"credit union" means a credit union authorized under the Financial Institutions Act to do trust business;
"health care" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;
"near relative" means a spouse, adult child, parent, adult brother or sister or other adult relation by birth or adoption;
"registrar" means the person who is designated as the registrar of the representation agreement registry established under section 42 (2) (b);
"representation agreement" means an agreement made under this Act;
"spouse" means a person who
(a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
"trust company" means a trust company, or extra provincial trust corporation, authorized under the Financial Institutions Act to do trust business.
2 The purpose of this Act is to provide a mechanism
(a) to allow adults to arrange in advance how, when and by whom, decisions about their health care, personal care or financial affairs or about other matters will be made if they become incapable of making decisions independently, and
(b) to avoid the need for the court to appoint someone to help adults make decisions, or someone to make decisions for adults, when they are incapable of making decisions independently.
3 (1) Until the contrary is demonstrated, every adult is presumed to be capable of
(a) making, changing or revoking a representation agreement, and
(b) making decisions about personal care, health care and legal matters and about the adult's financial affairs, business and assets.
(2) An adult's way of communicating with others is not grounds for deciding that he or she is incapable of understanding anything referred to in subsection (1).
Part 2 — Parties, Terms, Formalities and Registration
4 An adult may make a representation agreement unless he or she is incapable of doing so.
5 (1) An adult who makes a representation agreement may name as his or her representative one or more of the following:
(a) another adult;
(b) the Public Guardian and Trustee;
(c) a credit union or trust company as long as the credit union’s or trust company’s area of authority under the representation agreement does not include health care or personal care.
(2) An adult who names more than one representative in a representation agreement may assign to each of them
(a) a different area of authority, or
(b) all or part of the same area of authority.
(3) If all or part of the same area of authority is assigned under subsection (2) (b) to 2 or more representatives, they must act unanimously in exercising that authority unless the representation agreement provides otherwise.
(4) A representation agreement is invalid unless each representative completes a certificate in the prescribed form.
6 (1) An adult who makes a representation agreement may name as an alternate representative any person who qualifies under section 5 (1).
(2) Section 5 (2) to (4) applies to an alternate representative.
(3) If an alternate representative is named, the following must be specified in the agreement:
(a) the circumstances in which the alternate representative is authorized to act in place of the representative, including, for example, if the representative is unwilling to act, dies or is for any other reason unable to act;
(b) any conditions subject to which the alternate representative is authorized to act in place of the representative, including, for example, conditions about the appointment of a monitor.
(4) When acting in place of a representative, the alternate representative is the representative for the purposes of this Act and any other Act.
(5) [Not in force — see Supplement]
7 (1) In a representation agreement an adult may authorize his or her representative to help the adult make decisions, or to make decisions on behalf of the adult, about any or all of the following:
(a) the adult's personal care, including, for example, where and with whom the adult is to reside;
(b) routine management of the adult's financial affairs, including, subject to the regulations,
(i) payment of bills,
(ii) receipt and deposit of pension and other income,
(iii) purchases of food, accommodation and other services necessary for personal care, and
(iv) the making of investments;
(c) major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act, but not including the kinds of health care prescribed under section 34 (2) (f) of that Act;
(d) obtaining legal services for the adult and instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on the adult's behalf.
(2) An adult may authorize a representative under subsection (1) (a) to accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the adult's admission to a care facility, but only if the facility is
(a) a family care home,
(b) a group home for the mentally handicapped, or
(c) a mental health boarding home.
(2.1) A representative may not be authorized under this section to help make, or to make on the adult's behalf, a decision to refuse life-supporting care or treatment.
(3) [Repealed 2001-2-29.]
8 (1) An adult may make a representation agreement consisting of one or more of the standard provisions authorized by section 7 even though the adult is incapable of
(a) making a contract, or
(b) managing his or her health care, personal care, legal matters, financial affairs, business or assets.
(2) In deciding whether an adult is incapable of making a representation agreement consisting of one or more of the standard provisions authorized by section 7, or of changing or revoking any of those provisions, all relevant factors must be considered, for example:
(a) whether the adult communicates a desire to have a representative make, help make, or stop making decisions;
(b) whether the adult demonstrates choices and preferences and can express feelings of approval or disapproval of others;
(c) whether the adult is aware that making the representation agreement or changing or revoking any of the provisions means that the representative may make, or stop making, decisions or choices that affect the adult;
(d) whether the adult has a relationship with the representative that is characterized by trust.
9 (1) In a representation agreement, an adult may also authorize his or her representative to do any or all of the following:
(a) physically restrain, move or manage the adult, or have the adult physically restrained, moved or managed, when necessary and despite the objections of the adult;
(b) give consent, in the circumstances specified in the agreement, to specified kinds of health care, even though the adult is refusing to give consent at the time the health care is provided;
(c) refuse consent to specified kinds of health care, including life-supporting care or treatment;
(d) give consent to specified kinds of health care, including one or more of the kinds of health care prescribed under section 34 (2) (f) of the Health Care (Consent) and Care Facility (Admission) Act;
(e) accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the adult's admission to any kind of care facility;
(f) make arrangements for the temporary care, education and financial support of
(i) the adult's minor children, and
(ii) any other persons who are cared for or supported by the adult;
(g) do, on the adult’s behalf, any thing that can be done by an attorney acting under a power of attorney and that is not mentioned in paragraphs (a) to (f) or in section 7 (1).
(h) and (i) [Repealed 2001-2-30.]
(2) A provision in a representation agreement that authorizes a representative to do anything described in subsection (1) is invalid unless
(a) the adult authorizing the representative consults with one of the following about the provision:
(i) a member of the Law Society of British Columbia;
(ii) anyone who belongs to a prescribed class of persons, and
(b) the person who is consulted completes a consultation certificate in the prescribed form.
9.1 Any authority given to a representative under section 7 or 9
(a) is not terminated solely because the adult subsequently becomes incapable of making a representation agreement giving that authority to a representative,
(b) is subject to any conditions or restrictions placed on that authority in the representation agreement, and
(c) must be exercised in accordance with this Act.
10 An adult may authorize a representative to do any or all of the things referred to in section 9 unless the adult is incapable of understanding the nature of the authority and the effect of giving it to the representative.
11 Despite sections 7 (1) (c) and 9 (1) (c), an adult may not authorize a representative to refuse consent to
(a) the adult’s admission to a designated facility under section 22, 28, 29, 30 or 42 of the Mental Health Act,
(b) the provision of professional services, care or treatment under the Mental Health Act if the adult is detained in a designated facility under section 22, 28, 29, 30 or 42 of that Act, or
(c) the provision of professional services, care or treatment under the Mental Health Act if the adult is released on leave or transferred to an approved home under section 37 or 38 of that Act.
12 (1) An adult who makes a representation agreement containing a provision authorized by section 7 (1) (b) must name as monitor in that agreement an individual who meets the requirements of subsection (4) unless
(a) the representative named by the adult is the adult’s spouse, the Public Guardian and Trustee, a trust company or a credit union,
(b) the adult has assigned authority under section 7 (1) (b) to 2 or more representatives and they are required to act unanimously in exercising all authority assigned under that section, or
(c) the adult consults with a person referred to in section 9 (2) (a) (i) or (ii) and that person completes a consultation certificate in the prescribed form.
(2) Failure to name a monitor in a representation agreement for which a monitor is required under subsection (1) makes a provision authorized by section 7 (1) (b) invalid.
(3) An adult who is not required under subsection (1) to name a monitor may choose to name as a monitor in a representation agreement an individual who meets the requirements of subsection (4).
(4) To be named in a representation agreement as a monitor, an individual must be at least 19 years of age and must be willing and able to perform the duties and to exercise the powers of a monitor.
(5) An individual named in a representation agreement as a monitor must complete a monitor’s certificate in the prescribed form.
(6) A monitor may resign by giving written notice to the adult, each representative and each alternate representative, if any.
(7) The resignation of a monitor is effective
(a) as soon as written notice has been given to all persons entitled to notice under subsection (6), or
(b) on a later date specified in the written notice.
(8) If a monitor resigns, dies, becomes incapable or becomes for any other reason unable to act as monitor, the authority given to each representative by the representation agreement is suspended until
(a) a new monitor is appointed under section 21, or
(b) the court determines under section 21 that a monitor is not required.
(9) Subsection (8) does not apply if
(a) the monitor was chosen under subsection (3), and
(b) the representation agreement provides that the authority of each representative is not suspended in the circumstances described in subsection (8).
13 (1) A representation agreement must be in writing.
(1.1) For the purposes of this Act, a representation agreement is executed when the following requirements are met:
(a) the agreement is signed and witnessed in accordance with this section;
(b) all certificates required under this section and sections 5, 6, 9 and 12 are completed.
(2) A representation agreement must be signed by the adult and by each representative and each alternate representative named in the agreement.
(3) The persons referred to in subsection (2) need not be present together when they sign the representation agreement and any one or more of them may sign it in counterpart.
(3.01) Subject to subsection (3.02), the adult’s signature must be witnessed by 2 witnesses each of whom must sign the representation agreement.
(3.02) No other witness is required if the adult’s signature is witnessed by a person with whom the adult consulted under section 9 (2) or 12 (1) (c) and who completed a consultation certificate in the prescribed form.
(3.03) The signature of a representative or alternate representative need not be witnessed.
(3.1) If an instrument executed by a representative under a representation agreement made under section 9 of this Act is to be effective for the purposes of the Land Title Act,
(a) one of the witnesses to the execution of that agreement by the adult must be an officer as defined in section 41 of the Land Title Act, and
(b) the execution of the representation agreement by the adult must be witnessed or proved in the manner required for instruments by Part 5 of the Land Title Act.
(4) A representation agreement may be signed on behalf of the adult who wants to be represented if
(a) the adult is physically incapable of signing the agreement,
(b) the adult is present and directs that the agreement be signed,
(c) the person signing the agreement is an adult who is not named as a representative or alternate representative in the agreement and is not a witness to the agreement,
(c.1) the signature of the person signing the agreement is witnessed in accordance with subsection (3.01) or (3.02) as though that signature were the adult’s signature, and
(d) the person signing the agreement and each witness complete a certificate in the prescribed form.
(5) None of the following may witness the signing of a representation agreement by or on behalf of the adult:
(a) anyone named in the agreement as a representative or alternate representative;
(b) a spouse, child or parent of anyone named in the agreement as a representative or alternate representative;
(c) an employee or agent of a person named in the agreement as a representative or alternate representative;
(d) anyone under 19 years of age;
(e) anyone who does not understand the type of communication used by the adult who wants to be represented.
(5.1) Subsection (5) (e) does not disqualify a person referred to in subsection (3.02) from witnessing a representation agreement as long as that person receives interpretative assistance to understand the type of communication used by the adult.
(6) A witness must complete a certificate in the prescribed form.
(7) If there is a defect in the execution of a representation agreement, a person named in the agreement as a representative may apply to the court for an order under section 32 (4) that the agreement is not invalid solely because of the defect.
14 [Not in force — see Supplement]
15 (1) A representation agreement becomes effective on the date it is executed unless the agreement provides that it, or a provision of it, becomes effective later
(a) [Not in force — see Supplement]
(b) when an event occurs.
(2) If the representation agreement provides that it, or a provision of it, is to become effective when an event occurs, the agreement must specify how the event is to be confirmed and by whom.
(3) [Not in force — see Supplement]
Part 3 — Duties, Powers and Liability of
Representatives and Monitors
16 (1) A representative must
(a) act honestly and in good faith,
(b) exercise the care, diligence and skill of a reasonably prudent person, and
(c) act within the authority given in the representation agreement.
(2) When helping the adult to make decisions or when making decisions on behalf of the adult, a representative must
(a) consult, to the extent reasonable, with the adult to determine his or her current wishes, and
(b) comply with those wishes if it is reasonable to do so.
(2.1) Subsection (2) does not apply if
(a) a representative is acting within authority given to the representative under section 9, and
(b) the representation agreement provides that in exercising that authority the representative need only comply with any instructions or wishes the adult expressed while capable.
(3) If subsection (2) applies but the adult’s current wishes cannot be determined or it is not reasonable to comply with them, the representative must comply with any instructions or wishes the adult expressed while capable.
(4) If the adult's instructions or expressed wishes are not known, the representative must act
(a) on the basis of the adult's known beliefs and values, or
(b) in the adult's best interests, if his or her beliefs and values are not known.
(5) On application by a representative, the court may exempt the representative from the duty under subsection (3) to comply with any instructions or wishes the adult expressed while he or she was capable.
(6) Subject to subsection (6.1), a representative may not delegate any authority given to the representative in the representation agreement.
(6.1) A representative may delegate to a qualified investment specialist, including a mutual fund manager, all or part of the representative’s authority with respect to investment matters.
(7) Section 19 (3) of the Health Care (Consent) and Care Facility (Admission) Act applies when a representative makes health care decisions on behalf of an adult.
(8) A representative must
(a) keep accounts and other records concerning the exercise of the representative’s authority under the representation agreement, and
(b) produce the accounts and other records for inspection and copying at the request of any or all of the following:
(i) the adult;
(ii) the adult’s monitor;
(iii) the Public Guardian and Trustee.
(9) A representative who is authorized to do anything referred to in section 7 (1) (b) or 9 (1) (g) must keep the adult’s assets separate from the representative’s assets.
(10) Unless the representation agreement provides otherwise, subsection (9) does not apply to assets that
(a) are owned by the adult and the representative as joint tenants, or
(b) have been substituted for, or derived from, assets that were owned by the adult and the representative as joint tenants.
(11) [Not in force — see Supplement]
(12) A person who, on the death of an adult, will be or might be a beneficiary of the adult's estate does not, for that reason, have a conflict of interest with the adult.
17 An adult's representative may retain the services of a qualified person to assist the representative in doing anything the adult has authorized the representative to do.
18 (1) A representative of an adult has the right to all information and documents to which the adult is entitled and that relate to the representative’s area of authority under the representation agreement.
(2) A person who has custody or control of any information or document referred to in subsection (1) must, at the representative’s request, disclose that information to the representative or produce that document for inspection and copying by the representative.
(3) This section is subject to any restriction in the representation agreement, but the section overrides
(a) any claim of confidentiality or privilege, except, subject to subsection (4), 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, except a restriction in section 51 of the Evidence Act.
(4) The exception in subsection (3) (a) does not limit the right of a representative to information or documents to which the adult is entitled and that relate to a matter in respect of which the representative is litigation guardian under section 35.
19 An agreement made, or anything undertaken, by a representative on behalf of an adult is binding on the adult, even after the representative no longer has authority under the representation agreement.
19.1 (1) A representative or alternate representative may resign by giving written notice to
(a) the adult,
(b) all other representatives and alternate representatives named in the representation agreement, and
(c) the monitor, if any.
(2) The resignation of a representative or alternate representative is effective
(a) as soon as written notice has been given to all persons entitled to notice under subsection (1), or
(b) on a later date specified in the written notice.
20 (1) A monitor named by or appointed for an adult must make reasonable efforts to determine whether a representative of the adult is complying with section 16.
(2) At any reasonable time, the monitor may visit and speak with the adult.
(3) Anyone having custody or control of the adult must not hinder the monitor from visiting or speaking with the adult.
(4) If the monitor has reason to believe that a representative is not complying with section 16, the monitor
(a) may require the representative to
(i) produce accounts and other records required to be kept under this Act, and
(ii) report to the monitor on the matters specified by the monitor, and
(b) must notify the adult, the representative and all other representatives, including alternate representatives, of the monitor’s reason for the belief.
(4.1) Subsection (4) (a) (i) does not limit a monitor’s authority to request accounts and other records under section 16 (8).
(5) If after taking steps under subsection (4) the monitor still has reason to believe the representative is not complying with section 16, the monitor must promptly inform the Public Guardian and Trustee.
(6) [Repealed 2001-2-40.]
21 (1) On request by a representative or other interested person, the Public Guardian and Trustee may appoint a monitor to replace one named in a representation agreement or appointed under this section or section 30 (3) (g.1), if
(a) the monitor is unsuitable or is no longer able to act, or has ceased to act, as monitor, and
(b) the adult is incapable of making a new representation agreement.
(2) If the Public Guardian and Trustee declines to appoint a monitor under subsection (1) or if a representative or other interested person is dissatisfied with the Public Guardian and Trustee’s decision, the court, on application by a representative or other interested person, may do one or more of the following:
(a) determine that a monitor is not required;
(b) confirm, vary or reverse the Public Guardian and Trustee’s decision;
(c) make any decision that the Public Guardian and Trustee could have made in the first instance.
(3) If a monitor is appointed by the Public Guardian and Trustee or the court under this section, the Public Guardian and Trustee or the court, as the case may be, may
(a) authorize that the monitor be remunerated, out of the adult’s assets, for acting as a monitor in relation to authority given to a representative under section 7 (1) (a), (b) or (d) or 9 (1) (g), and
(b) set the amount or rate of the remuneration.
(4) Subsection (3) applies even if the representation agreement does not provide for the remuneration of a monitor.
22 A representative or a monitor must not disclose information or documents provided under this Act or obtained in the exercise of authority under a representation agreement, except to the extent necessary for the purposes of
(a) performing the duties or exercising the authority of a representative or a monitor,
(b) an investigation under section 30 (3) (a) or 31, or
(c) an application to the court.
23 (1) A representative who complies with section 16 is not liable for injury to or death of the adult or for loss or damage to the adult's financial affairs, business or assets.
(2) [Not in force — see Supplement]
24 (1) If a representative who acts within the authority given in a representation agreement does not know, and could not reasonably have known, that the agreement, or a provision of it, is not in effect or is invalid, the representative
(a) is deemed to have had authority to act, and
(b) is not liable for acting without authority.
(2) If a representation agreement or a provision of it is not in effect or is invalid, any exercise of the authority given to a representative by the agreement is valid and binding in favour of a person who did not know and had no reason to believe that the agreement or provision was not in effect or was invalid.
25 A monitor is not liable for any act or failure to act of a representative if the monitor
(a) acts honestly and in good faith, and
(b) exercises the care, diligence and skill of a reasonably prudent person.
26 (1) A person named in a representation agreement as a representative, alternate representative or monitor is not entitled to be remunerated for acting as a representative or monitor except if
(a) a provision of the representation agreement expressly authorizes and sets the amount or rate of the remuneration,
(b) the provision authorizing the remuneration is not void under subsection (1.1), and
(c) one of the following conditions is met:
(i) the court, on application by the person named in the representation agreement as a representative, alternate representative or monitor, authorized that the remuneration be paid;
(ii) the adult consulted with a person referred to in section 9 (2) (a) (i) or (ii) and that person completed a consultation certificate in the prescribed form.
(1.1) A representation agreement may not authorize the remuneration of a representative, alternate representative or monitor for any decision made or action taken by the adult, representative, alternate representative or monitor under Part 2 of the Health Care (Consent) and Care Facility (Admission) Act, and any provision of a representation agreement that purports to authorize such remuneration is void to that extent.
(2) A person is entitled to be reimbursed from an adult's assets for reasonable expenses properly incurred in performing the duties or exercising the powers of the adult's representative or monitor.
Part 4 — Changing, Revoking or Ending Agreements
27 (1) An adult who has a representative may change or revoke the representation agreement at any time if
(a) the adult is capable of making the agreement,
(b) in the case of a change, an amendment to the agreement is executed in accordance with the procedures for executing a representation agreement,
(c) any criteria for change or revocation that are set out in the agreement are met, and
(d) in the case of a revocation, written notice of the revocation is given to
(i) each representative,
(ii) each alternate representative, and
(iii) the monitor, if any.
(2) [Not in force — see Supplement]
(3) [Not in force. Repealed 2001-2-50.]
(3.1) The revocation of a representation agreement becomes effective
(a) as soon as written notice has been given to all persons entitled to notice under subsection (1) (d), or
(b) on a later date specified in the written notice.
(4) [Not in force. Repealed 2001-2-50.]
28 (1) A provision of a representation agreement by which an adult authorizes a representative to do anything referred to in section 7 (1) (b) or 9 (1) (g) is cancelled
(a) on the bankruptcy of the adult or the representative or on the appointment of a receiver for the adult,
(b) on the conviction of the representative for an offence involving dishonesty,
(c) if the representative is a credit union or trust company, on the dissolution or winding up of the credit union or trust company or on it ceasing to carry on business, or
(d) as provided in section 19.1 (3) (b) of the Patients Property Act.
(2) [Not in force — see Supplement]
29 (1) A representation agreement ends as follows:
(a) on the death of the adult who made the agreement;
(b) [Not in force — see Supplement]
(c) on the court cancelling the agreement under section 32 (1);
(d) if the adult who made the agreement and the adult’s representative are spouses, on the termination of their marriage or marriage-like relationship;
(e) on the representative becoming incapable;
(f) on the resignation or death of the representative;
(g) on the effective date of the revocation of the agreement under section 27;
(h) as provided in section 19 of the Patients Property Act.
(1.1) Subsection (1) (d) does not apply if
(a) the representation agreement provides that it does not end in the event of the termination of the marriage or marriage-like relationship, as the case may be, and
(b) the adult consulted with a person referred to in section 9 (2) (a) (i) or (ii) about the provision referred to in paragraph (a) of this subsection and that person completed a consultation certificate in the prescribed form.
(1.2) For the purposes of subsections (1) (d) and (1.1), a marriage is terminated when an agreement, judgment or order referred to in section 56 of the Family Relations Act is first made in respect of the marriage.
(2) Subsection (1) (d) to (f) does not apply if
(a) more than one representative is named in the representation agreement and the agreement provides that the remaining representative or representatives may continue to act, or
(b) an alternate representative is named in the agreement and is willing and able to act as representative.
(3) [Not in force — see Supplement]
Part 5 — Objections, Investigations and Assistance
30 (1) Any person may make an objection to the Public Guardian and Trustee if there is a reason to believe that
(a) an adult is, or was at the time, incapable of making, changing or revoking a representation agreement,
(b) fraud, undue pressure or some other form of abuse or neglect is being or was used to induce an adult to make, change or revoke a representation agreement,
(c) the making, use or revocation of a representation agreement or a change to a representation agreement is clearly inconsistent with the current wishes, values, beliefs or best interests of the adult who made, revoked or changed the agreement,
(d) there is an error in a representation agreement or an error was made in executing, witnessing or registering the agreement,
(e) anything improper has occurred in the making, use or revocation of a representation agreement,
(f) [Not in force — see Supplement]
(g) a representative is not qualified under section 5 (1),
(h) a representative is
(i) abusing or neglecting the adult for whom the representative is acting,
(ii) failing to follow the instructions in the representation agreement,
(iii) incapable of acting as representative, or
(iv) otherwise failing to comply with the representation agreement or the duties of a representative,
(i) a representative has given or proposes to give consent to health care that is not authorized by the representation agreement, or
(j) any criteria specified in the representation agreement as grounds for objection have been met.
(2) [Not in force — see Supplement]
(3) On receiving notice of an objection, the Public Guardian and Trustee must promptly review the objection and may do one or more of the following:
(a) conduct an investigation to determine the validity of the objection and then advise the objector of the outcome;
(b) to (d) [Not in force — see Supplement]
(e) apply to the court for an order confirming a change to, or the revocation of, a representation agreement, or for an order cancelling all or part of a representation agreement;
(e.1) apply to the court for an order that a representation agreement is not invalid solely because of a defect in the execution of the agreement;
(f) recommend that someone else apply to the court for an order referred to in paragraph (d), (e) or (e.1);
(g) make a report under section 46 of the Adult Guardianship Act;
(g.1) appoint a monitor;
(g.2) authorize that a monitor appointed under paragraph (g.1) be remunerated, out of the adult’s assets, for acting as a monitor in relation to authority given to a representative under section 7 (1) (a), (b) or (d) or 9 (1) (g) and set the amount or rate of the remuneration;
(h) take any other action that the Public Guardian and Trustee considers necessary.
31 (1) The Public Guardian and Trustee may conduct an investigation without receiving a notice of objection under section 30 if he or she is of the opinion that there are grounds for objection under section 30 (1).
(2) In conducting an investigation under subsection (1), the Public Guardian and Trustee may exercise the powers given in section 17 of the Public Guardian and Trustee Act.
(3) After conducting an investigation, the Public Guardian and Trustee may do anything referred to in section 30 (3) (b) to (h).
32 (1) On application under section 30 (3) (e) or (f), the court may make an order confirming a change to, or the revocation of, a representation agreement or an order cancelling all or part of a representation agreement.
(2) When making an order under subsection (1), the court must consider, in the same order of priority as under section 16 (2) to (4), the wishes, instructions, values and beliefs of the adult who made the representation agreement.
(3) The court may not make an order that overrides the adult's wishes, instructions, values or beliefs unless
(a) the adult is incapable,
(b) the order is in the adult's best interests, and
(c) the court gives reasons for making the order.
(4) On application under section 13 (7) or 30 (3) (e.1) or (f), the court may order that a representation agreement is not invalid solely because of a defect in the execution of the agreement.
33 The costs of an application to court under this Act are in the discretion of the court and the court may order that all or part of those costs be paid from the assets of the adult who has or wants to have a representative.
34 (1) A representative who is uncertain about the nature and scope of the representative's authority, or who needs advice about anything else relating to the role of representative, may ask the Public Guardian and Trustee for guidance.
(2) On application by a representative, the court may give directions or give an opinion about the interpretation of a provision of a representation agreement.
35 (1) A representative who is authorized under this Act to instruct a lawyer to commence, continue, defend or settle a proceeding on behalf of an adult while the adult is incapable is the adult's litigation guardian for the purposes of that proceeding, unless the court orders otherwise.
(2) to (5) [Not in force — see Supplement]
36 An adult who is capable may do anything that he or she has authorized a representative to do.
37 Nothing in this Act
(a) limits the inherent jurisdiction of the Supreme Court to act in a parens patriae capacity, or
(b) deprives a person of the right to ask the court to exercise that jurisdiction.
38 [Not in force — see Supplement]
39 An agreement that
(a) was made before this Act authorized the making of a representation agreement, and
(b) would have been a valid representation agreement if, at the time the agreement was made, this Act had authorized the making of a representation agreement,
is valid and is deemed for all purposes to have been made under this Act.
40 and 41 [Not in force — see Supplement]
42 (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) for the purposes of sections 9 (2) (a) (ii), 12 (1) (c), 26 (1) (c) (ii) and 29 (1.1) (b), including regulations respecting the prerequisites for qualifying as a member of a prescribed class of persons;
(a.1) respecting what constitutes "routine management of the adult's financial affairs" for the purposes of section 7 (1) (b), including regulations limiting, modifying or supplementing the matters listed in subparagraphs (i) to (iv) of that section;
(a.2) prescribing for the purposes of section 16 (8) the form in which accounts and other records are to be kept by representatives;
(a.3) respecting any notice required or authorized under this Act;
(b) to (g) [Not in force — see Supplement]
(g.1) defining any word or expression used but not defined in this Act;
(h) [Not in force — see Supplement]
(3) The Lieutenant Governor in Council may prescribe one or more forms of representation agreement, but their use is optional.
43 Section 5 of the Offence Act does not apply to this Act or the regulations.
44 [Spent. R.S.B.C. 1996 (Supp)-405-44.]
44.1 A representation agreement that
(a) was made at any time before the date on which section 35 of the Adult Guardianship Statutes Amendment Act, 2001 comes into force, and
(b) would be validly executed in accordance with the requirements of section 13 of this Act as amended by section 35 of the Adult Guardianship Statutes Amendment Act, 2001 had the agreement been executed on or after that date,
is deemed to have been validly executed as if section 35 of the Adult Guardianship Statutes Amendment Act, 2001 were in force at the time the agreement was executed.
45 This Act comes into force by regulation of the Lieutenant Governor in Council.
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