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| This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Supplement]
[Updated to May 14, 2001]
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Contents |
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| Section | ||
Part 3 — Duties, Powers and Liability of Representatives and Monitors |
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Automatic cancellation of financial, business or asset provisions | ||
Part 1 — Introductory Provisions
1 to 3 [In force.]
Part 2 — Parties, Terms, Formalities and Registration
4 [In force.]
5 (1) [In force.]
(2) [Words in force.]
(a) [In force.]
(b) and (c) [Repealed 2001-2-50.]
(3) [Repealed 2001-2-50.]
(4) [In force.]
6 (1) to (4) [In force.]
(5) An alternate representative must notify the registrar as soon as the alternate representative begins to act in place of a representative.
1993-67-6.
7 to 13 [In force.]
14 (1) Subject to subsection (3), a representation agreement has no effect unless it is registered by the registrar in accordance with the regulations.
(2) The registrar may refuse to register a representation agreement until he or she is satisfied that it has been properly completed and executed.
(3) Before a representation agreement is registered, a representative may exercise the authority given by the adult in the agreement if
(a) the prompt exercise of the authority is necessary to protect the adult's interests,
(b) the agreement has been executed,
(c) the agreement has been or is about to be sent to the registrar for registration,
(d) the representative notifies the registrar that the representative proposes to exercise or has exercised the authority, and
(e) the representative acts within the authority and in accordance with the instructions set out in the agreement.
1993-67-14.
15 (1) [Words in force.]
(a) when the representative receives an assessment report under section 5 of the Adult Guardianship Act indicating that the adult is incapable of making the kinds of decisions the representative is authorized to make under the representation agreement, or
(b) [In force.]
(2) [In force.]
(3) A person named as a representative in a representation agreement that becomes effective as described in subsection (1) (a) or (b) must
(a) notify the registrar as soon as the agreement or a provision of it becomes effective, and
(b) allow the registrar to examine a copy of the assessment report under the Adult Guardianship Act or a copy of the confirmation of the event.
1993-67-15; 1999-25-31.
Part 3 — Duties, Powers and Liability of
Representatives and Monitors
16 (1) to (9) [In force.]
(10) [Repealed 2001-2-50.]
(11) If a conflict of interest or a potential conflict of interest arises between an adult and the adult's representative, the representative must
(a) promptly notify the adult and the Public Guardian and Trustee, and
(b) consider any advice, or follow any instructions, the Public Guardian and Trustee gives about the conflict.
(12) [In force.]
1993-67-16; B.C. Reg. 111/00; 2001-2-50.
17 to 22 [In force.]
23 (1) [In force.]
(2) A representative who tries to the best of his or her ability to comply with the duties in section 16 (2) to (4) 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, resulting from a breach of any of those duties if the representative acts in what the representative believes to be the adult's best interests.
1993-67-23.
24 to 26 [In force.]
Part 4 — Changing, Revoking or Ending Agreements
27 (1) [Words in force.]
(a) to (c) [In force.]
(d) [Words in force.]
(i) to (iii) [In force.]
(iv) [Repealed 2001-2-50.]
(2) A representation agreement may be changed under subsection (1)
(a) by adding, removing or replacing a representative,
(b) by removing or replacing a monitor,
(c) by deleting any provision of the agreement, or
(d) in any other way that is consistent with this Act.
(3) and (4) [Repealed 2001-2-50.]
1993-67-27; 1999-25-32; 2001-2-50.
28 (1) [In force.]
(2) When a provision of a representation agreement is cancelled under this section, the following must notify the registrar:
(a) the monitor;
(b) if there is no monitor, anyone, other than the court or the registrar of companies, who knows of the representation agreement and the event that causes the cancellation of the provision.
1993-67-28; 1999-25-33.
29 (1) [Words in force.]
(a) [In force.]
(b) on the court appointing a decision maker or a guardian, under the Adult Guardianship Act, for the adult who made the agreement;
(c) to (h) [In force.]
(2) [In force.]
(3) When a representation agreement ends under subsection (1), the following must notify the registrar:
(a) the monitor;
(b) if there is no monitor, anyone, other than the court, who knows of the agreement and the event that brings the agreement to an end.
1993-67-29; 1999-25-34.
Part 5 — Objections, Investigations and Assistance
30 (1) [Words in force.]
(a) to (e) [In force.]
(f) a representative is purporting to act under the authority of a representation agreement when the agreement is not in effect and section 14 (3) does not apply or when the relevant provision of the agreement is cancelled under section 28,
(g) to (j) [In force.]
(2) An objection is made by
(a) giving written notice of the objection in the prescribed form to the Public Guardian and Trustee, and
(b) serving a copy of the notice on
(i) the adult who has or wants to have a representative, and
(ii) each person who is a representative, alternate representative or monitor under the representation agreement or the proposed agreement.
(3) [Words in force.]
(a) [In force.]
(b) provide or recommend mediation services or other services to assist in
(i) resolving any dispute that appears to have caused the objection, or
(ii) finding out the wishes of the adult who has or wants to have a representation agreement;
(c) obtain advice or assistance from any person, board or other body;
(d) apply to the court for an order under the Adult Guardianship Act appointing a decision maker or guardian;
(e) to (h) [In force.]
1993-67-30; 1999-25-35; B.C. Reg. 111/00.
31 (1) and (2) [In force.]
(3) [Repealed 2001-2-50.]
32 to 34 [In force.]
35 (1) [In force.]
(2) If a person commences or continues 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.
1993-67-35; B.C. Reg. 111/00.
36 and 37 [In force.]
38 (1) No action or proceeding for damages may be brought against the registrar or a person acting on behalf of or under the direction of the registrar for anything done or omitted to be done in good faith by the registrar or that person
(a) in the performance or intended performance of a duty or function under this Act or the regulations, or
(b) in the exercise or intended exercise of a power under this Act or the regulations.
(2) Subsection (1) does not absolve the Public Guardian and Trustee from vicarious liability for an act or omission of anyone referred to in subsection (1) for which the Public Guardian and Trustee would be liable if this section were not in force.
1993-67-38; B.C. Reg. 111/00.
39 [In force.]
40 (1) A person may submit to the registrar, for registration in accordance with the regulations, a written authorization that was signed in British Columbia before this section comes into force and that authorizes another person to give or refuse consent to health care for the first person.
(2) A person who submits a written authorization under subsection (1) must complete a certificate in the prescribed form naming a monitor or stating that a monitor is not required and must submit the certificate to the registrar.
(3) A person who is authorized by a written authorization referred to in subsection (1) to give or refuse consent to health care and who has exercised the authority may submit the authorization to the registrar for registration in accordance with the regulations.
(4) A written authorization that is submitted for registration under this section is deemed, on registration, to be a representation agreement for the purposes of this Act.
1993-67-40.
41 (1) A person may submit to the registrar for registration in accordance with the regulations an agreement, directive or power of attorney that
(a) the person made outside British Columbia before or after this section comes into force,
(b) provides for one or more other persons to make, or help make, decisions about the first person's personal care, health care or financial or legal affairs, and
(c) meets the standards in section 13 for executing a representation agreement.
(2) A person who submits a document for registration under subsection (1) must
(a) complete a certificate in the prescribed form naming a monitor or stating that a monitor is not required and submit the certificate to the registrar, and
(b) if the document contains authority to do anything referred to in section 9 (1), submit a certificate, in the prescribed form, of a person referred to in section 9 (2) (a).
(3) A person who is authorized by an agreement, directive or power of attorney referred to in subsection (1) to make or help make a decision and who has exercised the authority may submit the agreement, directive or power of attorney to the registrar for registration in accordance with the regulations.
(4) A document that is submitted for registration under this section is deemed, on registration, to be a representation agreement for the purposes of this Act.
1993-67-41.
42 (1) [In force.]
(2) [Words in force.]
(a) and (a.1) [In force.]
(b) providing for the establishment and operation, within the office of the Public Guardian and Trustee, of a representation agreement registry and for the designation of the registrar;
(c) respecting the powers and duties of the registrar;
(d) prescribing the procedure for registering a representation agreement, power of attorney or other document and for notifying the registrar when a document registered under this Act is changed or revoked or when a provision is cancelled;
(e) requiring representatives to submit to the registrar documents to establish or confirm the dates on which representation agreements, or provisions of representation agreements, come into effect;
(f) providing for appeals from decisions of the registrar;
(g) authorizing persons to search information recorded by the registrar about a representation agreement, power of attorney or other document;
(g.1) [In force.]
(h) prescribing registration or search fees.
1993-67-42; 1999-25-38; B.C. Reg. 111/00.
43 [In force.]
44 [Spent. RS1996 (Supp)-405-44.]
45 This Act comes into force by regulation of the Lieutenant Governor in Council.
1993-67-65.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada