BILL 32 – 2006
ADULT GUARDIANSHIP AND PERSONAL PLANNING STATUTES AMENDMENT ACT, 2006

Contents

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 -- Adult Guardianship Amendments

 
Adult Guardianship Act

1 Section 1 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended

(a) by repealing paragraph (b) of the definition of "abuse" and substituting the following:

(b) damage or loss in respect of the adult's financial affairs, ,

(b) in the definition of "adult" by striking out "section 6 (2)" and substituting "section 5 (6)",

(c) by repealing paragraph (a) of the definition of "court" and substituting the following:

(a) in this Part, Part 2 and Part 2.1, the Supreme Court, ,

(d) by repealing the definition of "decision maker",

(e) by repealing paragraph (a) of the definition of "designated agency",

(f) in the definition of "near relative" by adding "a grandparent," after "a parent,",

(g) in the definition of "neglect" by striking out "damage to or loss of assets," and substituting "damage or loss in respect of the adult's financial affairs,",

(h) in the definition of "self-neglect" by striking out "mental harm or substantial damage to or loss of assets," and substituting "mental harm or substantial damage or loss in respect of the adult's financial affairs,",

(i) in paragraph (d) of the definition of "self-neglect" by striking out "loss of assets," and substituting "loss of property,",

(j) by repealing paragraph (e) of the definition of "self-neglect" and substituting the following:

(e) suffering from an illness, disease or injury that results in the adult dealing with his or her financial affairs in a manner that is likely to cause substantial damage or loss in respect of those financial affairs, , and

(k) by adding the following definitions:

"advance directive" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;

"attorney" means a person authorized by a power of attorney or enduring power of attorney to make decisions on behalf of another;

"code of practice" means a published code of practice approved by the minister that establishes standards or sets guidelines respecting the exercise of powers or the performance of duties by a guardian;

"enduring power of attorney" means an enduring power of attorney made under the Power of Attorney Act;

"financial affairs" includes an adult's business and property, as well as the conduct of the adult's legal affairs;

"guardian" means a personal guardian or a property guardian;

"health authority designate" means any person designated by a regional health board, established under the Health Authorities Act, as having authority to issue a certificate of incapability under section 32;

"health care provider" means a person who is licensed, certified or registered under a prescribed Act to provide health care;

"personal care" includes matters respecting an adult's

(a) shelter,

(b) employment,

(c) participation in social, educational, vocational or other activities,

(d) contact or association with other persons,

(e) licences, permits, approvals or other authorizations to do something,

(f) diet, and

(g) dress;

"personal guardian" means a person appointed by the court under this Act to make decisions regarding an adult's personal care or health care;

"power of attorney" means a power of attorney made under the Power of Attorney Act;

"property guardian" means a person appointed by the court under this Act to make decisions regarding an adult's financial affairs;

"qualified health care provider" means a medical practitioner or a member of a prescribed class of health care providers;

"statutory property guardian" means a person who may make decisions regarding an adult's financial affairs under Part 2.1.

2 Section 2 is amended

(a) in paragraph (b) by striking out "their assets;" and substituting "their financial affairs;", and

(b) in paragraph (c) by striking out "decision makers or".

3 Section 3 (1) is repealed and the following substituted:

(1) Until the contrary is demonstrated, every adult is presumed to be capable of making decisions about the adult's personal care, health care and financial affairs.

4 Part 2 is repealed and the following substituted:

Part 2 -- Court Appointed Guardians

Division 1 -- Appointment Procedures

Assessment order

4 (1) A person may apply to the court for an order directing an adult to attend at the time and place the court directs and to submit to an assessment of incapability, conducted by a qualified health care provider in accordance with prescribed procedures, if

(a) the person has reason to believe that the adult is incapable of making decisions about that adult's personal care or health care, or of managing that adult's financial affairs,

(b) the person intends to make, or has made, an application to the court to appoint a guardian for the adult, and

(c) the adult is refusing to be assessed.

(2) A copy of the application must be served on the persons listed in section 5 (3)

(a) at least 30 days before the date set for the hearing, or

(b) such shorter time as the court directs.

(3) On receiving evidence respecting the matters set out in subsection (1), the court may make an order described in that subsection

(a) before a guardianship application under section 5 is made, if applicable, or

(b) at any time before the court makes a determination to appoint or refuse to appoint a guardian.

Application for appointment of guardian

5 (1) Any person may apply to the court for the appointment of a personal guardian, property guardian or both, for an adult.

(2) An application must be accompanied by the following:

(a) 2 assessment reports, each

(i) completed in the prescribed form by a qualified health care provider who assessed the adult using prescribed assessment procedures, and

(ii) describing the extent to which the adult is incapable of making decisions about the adult's personal care, health care or financial affairs;

(b) a plan for the adult's guardianship prepared in the prescribed form by the proposed guardian;

(c) a copy of any known representation agreement, power of attorney, enduring power of attorney and advance directive made by the adult.

(3) A copy of the application, the accompanying documents and any prescribed informational material must be served, at least 30 days before the date set for the hearing, on the following persons:

(a) the adult who is the subject of the application;

(b) the adult's spouse, unless the adult's marriage or marriage-like relationship has ended, and adult children, if any;

(c) if the adult has no spouse or adult children, another near relative of the adult;

(d) the adult's guardian, if any;

(e) the adult's proposed guardian, if not the applicant;

(f) the Public Guardian and Trustee, if not the applicant;

(g) any person acting as the adult's attorney or representative;

(h) any other person that the court may direct.

(4) A marriage ends for the purposes of this section when an agreement, judgment or order referred to in section 56 of the Family Relations Act is first made in respect of the marriage.

(5) A marriage-like relationship ends for the purposes of this section when the parties to the marriage-like relationship stop cohabiting with each other with the intention of ending the relationship.

(6) An application may be made for an order appointing a guardian for a person who is 18 years of age, but the order is not effective until the person reaches 19 years of age.

(7) Despite subsection (3), service is not required in respect of any person who consents, in writing, to the application.

Mediation

6 (1) If a guardianship application is made under section 5 and there is a dispute about

(a) whether or not the adult who is the subject of the application requires a guardian,

(b) who the proposed guardian should be, or

(c) the adequacy of the plan for guardianship,

a hearing under section 7 must not proceed unless mediation is conducted in accordance with the regulations, or unless the regulations permit otherwise.

(2) The following must not be the subject of mediation under this section:

(a) whether or not an adult is incapable;

(b) the content of any written or oral comments submitted to the court by the Public Guardian and Trustee under section 7 (2) (c);

(c) any prescribed matter.

Hearing the application

7 (1) The following may attend the hearing of a guardianship application and make representations:

(a) a person served under section 5 (3);

(b) any other person who files an appearance and whom the court agrees to hear.

(2) The court must consider

(a) the information submitted under section 5 (2),

(b) any agreement that has been reached as a result of mediation under section 6, and

(c) any written or oral comments submitted to the court by the Public Guardian and Trustee.

(3) The court may require a person proposed as a guardian to attend and answer questions to enable the court to determine the person's suitability as a guardian.

Appointment of guardian

8 (1) The court may make an order appointing one or more guardians for an adult if the court is satisfied that

(a) the adult needs to make decisions respecting the adult's personal care, health care or financial affairs,

(b) the adult is incapable of making those decisions,

(c) the adult needs, and will benefit from, the assistance and protection of a guardian, and

(d) the needs of the adult would not be sufficiently met by alternative means of assistance.

(2) The court may appoint as guardian a person who

(a) is eligible under section 10 to act as a guardian, and

(b) is, in the opinion of the court, suitable to be the adult's guardian.

(3) Subject to subsection (4), when appointing a guardian for an adult, the court must consider any wishes the adult, when capable, expressed orally or in writing respecting who should, or should not, act as guardian.

(4) Unless there is good and sufficient reason for refusing the appointment, the court must appoint as guardian a committee nominated under the Patients Property Act, before that Act was repealed, or a person nominated by the adult as a guardian, if the nomination was

(a) made in writing and signed by the adult at a time when the adult was both an adult and mentally capable of nominating a guardian or committee, and

(b) executed in accordance with the requirements for the making of a will under the Wills Act.

(5) If ordered by the court, either on a person's appointment as property guardian or subsequently on the application of the Public Guardian and Trustee, a property guardian must give security for the proper performance of the property guardian's duties, and, if the security is in the form of a bond, the bond must be

(a) in the amount the court directs,

(b) in the name of the Public Guardian and Trustee,

(c) approved by the Registrar of the court, and

(d) filed with the Public Guardian and Trustee.

(6) Unless the court orders otherwise, the applicant must give notice of any order made by the court under this section to the persons who were served with the guardianship application.

If more than one guardian appointed

9 (1) If more than one guardian is appointed, the court may assign to each guardian

(a) a different area of authority, or

(b) all or part of the same area of authority.

(2) If all or part of the same area of authority is assigned to more than one guardian, the guardians must act unanimously in exercising that authority unless the court

(a) orders otherwise, or

(b) appoints a guardian to act only as an alternate guardian and includes in the order

(i) the circumstances in which the alternate guardian is authorized to act in place of the guardian, and

(ii) the limits or conditions, if any, on the exercise of authority by the alternate guardian.

(3) If there is more than one guardian and

(a) one of them is removed by order of the court, or is unwilling or unable to act, or

(b) the authority of one of them ends under section 27 (1),

the remaining guardians may continue to act unless the court orders otherwise.

Who may be appointed

10 (1) Subject to subsection (2), the following persons may be appointed as a guardian:

(a) in the case of either a personal guardian or a property guardian,

(i) an adult who agrees to comply with the duties of a guardian, and

(ii) the Public Guardian and Trustee;

(b) in the case of a property guardian, a credit union, trust company or extraprovincial trust corporation authorized to carry on trust business under the Financial Institutions Act.

(2) The court must not appoint either of the following persons as a guardian for an adult:

(a) a person who has a conflict of interest with the adult, other than a person who, on the death of the adult, will be or might be a beneficiary of the adult's estate;

(b) a person, other than a near relative of the adult, who provides personal care or health care services to the adult for compensation.

Appointment of a temporary property guardian

11 (1) The Public Guardian and Trustee may apply to the court for an order appointing the Public Guardian and Trustee as temporary property guardian for an adult if the Public Guardian and Trustee has reason to believe that

(a) the adult is incapable of making decisions about that adult's financial affairs, and

(b) an order is needed urgently to protect the adult's financial affairs from damage or loss.

(2) In an application made under this section,

(a) the Public Guardian and Trustee is not required to file the documents required under section 5 (2), and

(b) an assessment of the adult's incapability by a qualified health care provider is not required.

(3) The court may appoint the Public Guardian and Trustee as temporary property guardian for an adult if the court is satisfied that

(a) the conditions set out in subsection (1) exist, and

(b) it would not be in the best interests of the adult to wait until an application is made under section 5.

(4) A temporary property guardian has, for a period of up to 90 days, as ordered by the court, authority to do anything that a statutory property guardian could do, except permitting the replacement of the statutory property guardian under section 36.

Effect of appointment on other instruments

12 (1) If a personal guardian is appointed for an adult, any provisions respecting personal care or health care within a representation agreement or an advance directive made by the adult are ended, and are to be treated as the adult's pre-expressed wishes under section 20.

(2) Unless the court orders otherwise, if a property guardian is appointed for an adult,

(a) any power of attorney or enduring power of attorney made by the adult is ended, and

(b) any provisions respecting financial affairs within a representation agreement made by the adult are ended.

Additional court powers

13 In an order appointing a guardian, the court may do one or more of the following:

(a) in relation to the plan for guardianship submitted under section 5,

(i) change or delete provisions of the plan,

(ii) incorporate the plan as part of the order, and

(iii) make orders respecting revisions to the plan;

(b) specify matters relevant to a review of the order under sections 25 and 26, including the date, if any, before which the guardian must make an application for review;

(c) specify the circumstances in which the order will end;

(d) limit the scope of, or put conditions on the exercise of, the authority that a guardian would otherwise have under this or another enactment, or make any other provision in the best interests of the adult.

Division 2 -- Powers and Duties of Guardians

General prohibitions

14 (1) A guardian must not make or change a will for the adult for whom the guardian is acting, and any will that is made or changed for an adult by his or her guardian has no force or effect.

(2) Unless the court orders otherwise or another enactment provides otherwise, a guardian must not delegate any of the guardian's decision-making authority.

General powers

15 (1) A guardian has only the powers granted to the guardian by

(a) an order of the court, and

(b) an enactment.

(2) A guardian may retain the services of a qualified person to assist the guardian in doing anything the court has authorized the guardian to do.

(3) A guardian may request information and records respecting the adult for whom the guardian is acting, and has the same right to that information and those records as does the adult, if the information or records are necessary and relate to

(a) the incapability of the adult, or

(b) an area of authority granted to the guardian.

(4) Subject to any restriction ordered by the court, if a guardian requests information or records under subsection (3), a person having custody or control of that information or those records must disclose the information or records for the purpose of inspection or copying to the person making the request.

(5) This section overrides

(a) any claim of confidentiality or privilege, except, subject to subsection (6), 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.

(6) Subsection (5) (a) does not limit the right of a guardian to information or records to which the adult for whom the guardian is acting is entitled and that relate to a matter in respect of which the guardian is the adult's litigation guardian.

Powers of personal guardian

16 (1) The court may, in an order appointing a personal guardian for an adult, authorize the personal guardian to

(a) do anything the personal guardian considers necessary in relation to the personal care or health care of the adult, or

(b) do one or more things, including any of the following:

(i) decide where the adult is to live and with whom, including whether the adult should live in a care facility;

(ii) decide whether the adult should work and, if so, the type of work, the employer, and any related matters;

(iii) decide whether the adult should participate in any educational, social, vocational or other activity;

(iv) decide whether the adult should have contact or associate with another person;

(v) decide whether the adult should apply for any licence, permit, approval or other authorization required by law for the performance of an activity;

(vi) make day-to-day decisions on behalf of the adult, including decisions about the diet or dress of the adult;

(vii) subject to subsections (2) and (4), consent, or refuse consent, to health care for the adult;

(viii) physically restrain, move and manage the adult, and authorize another person to do these things, if necessary to provide personal care or health care to the adult.

(2) Unless the court provides otherwise, a personal guardian must not

(a) consent on the adult's behalf to

(i) any type of health care prescribed under section 34 (2) (f) of the Health Care (Consent) and Care Facility (Admission) Act, or

(ii) the adoption of the adult's child, or

(b) interfere with the adult's religious practices.

(3) If a personal guardian is provided the power to consent, or refuse consent, to health care for the adult, the personal guardian may consent, or refuse consent, to health care necessary to preserve life.

(4) A personal guardian must not consent to the provision of professional services, care or treatment to the adult for the purposes of sterilization for non-therapeutic purposes.

Powers of property guardian

17 (1) Subject to any limits on the authority of a property guardian set out in this Act or another enactment, the court may authorize a property guardian to do, on an adult's behalf, anything in respect of the adult's financial affairs that the adult could do if the adult were capable.

(2) A property guardian may permit the adult to hold, manage or control a part of the adult's property to defray normal living expenses or part of them, and the property guardian is not liable for loss or damage to the adult's property resulting from the adult holding, managing or controlling that part of the property.

(3) Despite section 14 (2), a property guardian may delegate investment matters to an investment specialist if the delegation is done in accordance with,

(a) if the property guardian is the Public Guardian and Trustee, the Public Guardian and Trustee Act, or

(b) in any other case, section 15.5 of the Trustee Act.

(4) A property guardian may, in an instrument other than a will,

(a) change a beneficiary designation made by the adult, if the court authorizes the change, or

(b) create a new beneficiary designation, if the designated beneficiary is the adult's estate or

(i) the designation is made in an instrument that is renewing, replacing or converting a similar instrument made by the adult, while capable, and

(ii) the designated beneficiary is the same beneficiary that was designated in the similar instrument.

(5) A property guardian may make a gift or loan, or charitable gift, from the adult's property if either the court permits the property guardian to do so, or

(a) the adult will have sufficient property remaining to meet the personal care and health care needs of the adult and the adult's dependants, and to satisfy the adult's legal obligations, if any,

(b) the adult, when capable, made gifts or loans, or charitable gifts, of that nature, and

(c) the total value of all gifts, loans or charitable gifts in a year is equal to or less than a prescribed value.

(6) A property guardian may receive a gift or loan under subsection (5) if the court permits.

(7) A property guardian may request a person who has custody or control of any property belonging to the adult to deliver it to the property guardian, and, subject to subsection (8), the person must deliver the property promptly if the property guardian has authority to make decisions about that property.

(8) A person must not deliver a will made by the adult if the adult has given instructions to a lawyer who holds the adult's will, or the will contains instructions, prohibiting delivery of the will to the property guardian.

(9) Unless the court orders otherwise,

(a) only the adult's property guardian may act as the adult's litigation guardian, and

(b) a property guardian must not begin divorce proceedings on the adult's behalf.

Effect of anything done by a guardian

18 Anything done by a guardian with regard to any matter in respect of which the guardian has authority is deemed for all purposes to have been done by the adult as though that adult were capable of making decisions.

Division 3 -- Duties and Liabilities of Guardians

General duties

19 (1) A guardian must

(a) act honestly and in good faith,

(b) exercise the care, diligence and skill of a reasonably prudent person,

(c) act within the authority granted in the court order,

(d) act, to the extent reasonable, in accordance with the plan submitted under section 5 (2) (b), as changed by the court if applicable, and

(e) to the extent reasonable, foster the independence of the adult and encourage the adult's involvement in any decision-making that affects the adult.

(2) In exercising a power or performing a duty, a guardian must consider any applicable standards or guidelines in a code of practice.

(3) A guardian must not disclose information or records obtained in the exercise of his or her authority except to the extent necessary to

(a) perform the guardian's duties,

(b) make a report to the Public Guardian and Trustee or comply with a request of the Public Guardian and Trustee, or

(c) make an application to the court or comply with an order of the court.

(4) Despite the common law and any other enactment, other than section 51 of the Evidence Act, a guardian may, in a report to the Public Guardian and Trustee, disclose any information or records in the guardian's custody or control, including information that is

(a) under an enactment, confidential, or

(b) subject to a claim of privilege, including solicitor-client privilege.

(5) A guardian, other than the Public Guardian and Trustee, must

(a) keep prescribed records, and

(b) produce the prescribed records for inspection and copying at the request of the adult or the Public Guardian and Trustee.

(6) A guardian, other than the Public Guardian and Trustee, must report to the Public Guardian and Trustee

(a) any substantial changes affecting the adult, including

(i) a change in the residence of the guardian or of the adult,

(ii) a change in the value of the adult's property that is more than the prescribed amount,

(iii) a change in the adult's or guardian's contact information, and

(iv) any prescribed circumstances, and

(b) at the request of, and on the matters specified by, the Public Guardian and Trustee.

Duties of personal guardian

20 (1) In this section, "pre-expressed wishes" means instructions or wishes regarding personal care or health care that an adult most recently expressed while capable, including any instructions or wishes set out by the adult in a representation agreement or an advance directive.

(2) When making decisions on behalf of the adult, a personal guardian must comply with the adult's pre-expressed wishes, unless to do so would be inconsistent with an order of the court.

(3) If there are no pre-expressed wishes relevant to the decision to be made, a personal guardian must act in the adult's best interests, taking into account

(a) with respect to the adult's personal care or health care,

(i) the adult's known beliefs and values, and

(ii) any prescribed matters, and

(b) with respect to the adult's health care,

(i) whether the adult's condition or well-being is likely to be improved by the proposed care,

(ii) whether the adult's condition or well-being is likely to improve without the proposed care,

(iii) whether the benefit the adult is expected to obtain from the proposed care is greater than the risk of harm, and

(iv) whether a less restrictive or less intrusive form of care would be as beneficial as the proposed care.

Duties of property guardian

21 (1) A property guardian has a fiduciary duty towards the adult.

(2) When managing and making decisions about the adult's financial affairs, a property guardian must act in the adult's best interests, taking into account

(a) the adult's known beliefs and values, and

(b) any instructions or wishes the adult most recently expressed while capable, including any instructions or wishes expressed in an enduring power of attorney.

(3) A property guardian must

(a) invest the adult's property only in accordance with the Trustee Act,

(b) to the extent reasonable, give priority when managing the adult's financial affairs to meeting the personal care and health care needs of the adult,

(c) not dispose of property that the property guardian knows is subject to a specific testamentary gift in the adult's will, and

(d) to the extent reasonable, keep the adult's personal effects at the disposal of the adult.

(4) Subsection (3) (a) does not apply to the Public Guardian and Trustee.

(5) Despite subsection (3) (c), a property guardian may dispose of the adult's property if the disposition is necessary to comply with the property guardian's duties.

(6) A property guardian must keep the adult's property separate from his or her property.

(7) Unless the order appointing the property guardian provides otherwise, subsection (6) does not apply to property that

(a) is jointly owned by the adult and the property guardian as joint tenants or otherwise, or

(b) has been substituted for, or derived from, property described in para-graph (a).

Accounts

22 (1) A property guardian other than the Public Guardian and Trustee must pass the accounts of the adult's financial affairs before

(a) the court, by order of the court or at the request of the Public Guardian and Trustee, or

(b) the Public Guardian and Trustee,

(i) by order of the court or at the request of the Public Guardian and Trustee, and

(ii) in the form required by the Public Guardian and Trustee.

(2) On the passing of accounts under subsection (1) (a), the court may make any order it considers proper.

(3) When an order appointing a property guardian ends, other than by the death of the adult, the property guardian must provide the adult and any person who is replacing the property guardian with

(a) a report of the decisions made and actions taken on the adult's behalf,

(b) the adult's accounts, and

(c) except where the property guardian is the Public Guardian and Trustee, copies of any reports submitted by the property guardian to the Public Guardian and Trustee.

(4) When an order appointing a property guardian ends because of the death of the adult, the property guardian must provide the accounts of the adult's financial affairs

(a) to the executor or administrator of the adult's estate, or

(b) if the property guardian and the executor or administrator of the adult's estate are the same person, to the beneficiaries of the adult's estate.

(5) The executor, administrator or beneficiaries of the adult's estate may provide to the property guardian written approval of, and consent to, the accounts received under subsection (4).

(6) If a property guardian fails to provide the accounts of the adult's financial affairs as required under subsection (1), (3) or (4), or if the accounts are incomplete or inaccurate, a person entitled to the accounts may require the property guardian to attend before the court to explain the property guardian's failure to provide the accounts or to provide a satisfactory accounting, and the court may give any direction it considers proper.

(7) Within 30 days of discovering property belonging to the adult that

(a) is valued at a prescribed amount or greater, and

(b) was not disclosed or valued correctly in the most recent passing of accounts,

a property guardian must deliver to the Public Guardian and Trustee a true account of the property.

(8) A property guardian may pass the accounts of the adult's financial affairs before the court at any time and the court may make any order it considers proper.

(9) A guardian other than the Public Guardian and Trustee may at any time appeal the passing of accounts by the Public Guardian and Trustee to the Supreme Court.

Liability of guardians

23 A guardian who acts in the course of the guardian's duties is not liable for any injury or death of the adult, or loss or damage to the adult's financial affairs, as applicable, if the guardian complies with

(a) the guardian's duties, as set out in this Act and any order of the court,

(b) any directions of the court given under this Act, and

(c) any other duty that may be imposed by law.

Payment and expenses of guardians

24 (1) A personal guardian must not be remunerated for acting as the adult's personal guardian, except that a personal guardian may be reimbursed from the adult's property for reasonable expenses properly incurred in acting as the adult's personal guardian.

(2) A property guardian may be remunerated from the adult's property for acting as the adult's property guardian, and remuneration must be

(a) if the Public Guardian and Trustee is acting as the adult's guardian, in accordance with any regulations made under section 23 of the Public Guardian and Trustee Act, and

(b) in any other case, in accordance with the regulations.

(3) Despite subsection (2), the court may order that a property guardian other than the Public Guardian and Trustee must not be remunerated for acting as the adult's property guardian.

(4) A property guardian may be reimbursed from the adult's property for reasonable expenses properly incurred in acting as the adult's property guardian.

(5) Unless the court orders otherwise and subject to the regulations, a property guardian has a first charge on the real and personal property of the adult, for the following amounts:

(a) fees and expenses charged to the adult under subsections (2) and (4);

(b) any amount advanced for or on behalf of the adult or for the support of dependants.

Division 4 -- Review, Replacement and End of Guardianship

Application for review

25 (1) A guardian must apply to the court for a review of the order appointing the guardian if

(a) the adult's needs, circumstances or ability to make decisions have changed significantly since the order was made and a change in or cancellation of the order appears to be in the best interests of the adult,

(b) the court requires a review to be made under section 13 (b), or

(c) the guardian is no longer able or willing to act as the adult's guardian.

(2) The Public Guardian and Trustee may apply to the court for a review of an order appointing a guardian if

(a) one or more of the circumstances described in subsection (1) exist, and

(b) the adult's guardian does not apply for a review within a reasonable time.

(3) An adult who has a guardian may apply to the court for a review of the order appointing the guardian.

(4) Any person may apply to the court for a review of an order appointing a guardian for an adult if

(a) the person has reason to believe that the adult's needs, circumstances or ability to make decisions has changed significantly since the order was made, or

(b) the adult requests a review.

(5) Applications under subsections (3) and (4) may be made in respect of the same adult no more than once every 12 months, or such other period as the court directs.

(6) An application made under subsection (1) (a) to (c) must be accompanied by a revision of the plan for the adult's guardianship submitted under section 5 (2) (b), prepared in the prescribed form by the guardian.

(7) A copy of an application for review must be served

(a) unless the court orders otherwise, on the persons who were served under section 5 (3), and

(b) on any other person the court directs.

(8) A person who is served with a copy of an application for review

(a) may file a notice of objection with the court within 30 days after being served, and

(b) if a notice of objection is filed by a person other than the Public Guardian and Trustee, must serve a copy of the notice on the Public Guardian and Trustee.

(9) The Public Guardian and Trustee may submit to the court written comments regarding the application for review and the notice of objection.

Review

26 (1) On receiving an application under section 25 to review an order appointing a guardian for an adult, the court

(a) must hold a hearing if

(i) a notice of objection is filed under section 25 (8), or

(ii) the Public Guardian and Trustee has applied for the review as a result of an investigation under section 30, and

(b) in any other case, may proceed without a hearing.

(2) If the court holds a hearing, the following may attend and make representations:

(a) a person served under section 25 (7) or 30 (3), as applicable;

(b) any other person who files an appearance and whom the court agrees to hear.

(3) Whether or not the court holds a hearing, at any time before making an order under subsection (6), the court may order the adult to attend at the time and place the court directs and to submit to an assessment of incapability by a qualified health care provider, according to prescribed procedures.

(4) Whether or not the court holds a hearing, the court may accept as evidence that the adult is incapable, or no longer incapable, an assessment conducted by 2 persons entitled to practice medicine in the jurisdiction where the adult is ordinarily resident if

(a) a notice of objection has not been filed under section 25 (8), and

(b) the adult does not ordinarily reside in British Columbia.

(5) Whether or not the court holds a hearing, the court may consider evidence respecting whether or to what extent the guardian's conduct adhered to any standards or guidelines contained in a code of practice.

(6) Whether or not the court holds a hearing, the court may, having considered the matters set out in section 8 (1), make an order cancelling the guardianship order, or, if the court determines that the adult still requires a guardian, make an order to do one or more of the following:

(a) continue a guardian's appointment;

(b) change the powers or duties of a guardian;

(c) appoint additional guardians;

(d) remove a guardian and appoint a different guardian if the court is satisfied that the guardian

(i) is no longer acting as a guardian,

(ii) has not complied with the duties of a guardian, or

(iii) is, for any other reason, no longer a suitable guardian;

(e) in respect of any guardian, make any order the court may make under this Part, or vary or cancel an order made under this Part.

(7) Section 8 (2) to (5) applies to an order appointing additional guardians or a different guardian under subsection (6) of this section.

(8) Unless the court orders otherwise, the applicant must give notice of any order made by the court under subsection (6) to the persons who were served with notice of the application for review.

When authority of guardian ends

27 (1) The authority of a guardian ends if the guardian

(a) becomes incapable,

(b) dies,

(c) is removed,

(d) becomes bankrupt,

(e) is convicted of a prescribed offence or any offence in which the adult was the victim, or

(f) is a corporation, and the corporation dissolves, winds up or ceases to carry on business.

(2) Until another guardian is appointed under this Act, the Public Guardian and Trustee may exercise the authority of a guardian if

(a) the authority of a guardian has ended under subsection (1),

(b) the adult still requires a guardian,

(c) there is no other guardian who is willing and able, and has authority, to act, and

(d) the Public Guardian and Trustee receives notice of an event described in subsection (1).

(3) As evidence of the authority of the Public Guardian and Trustee under this section to exercise the authority of a guardian, the Public Guardian and Trustee may produce a certificate in the prescribed form.

When orders end

28 (1) An order appointing a guardian ends

(a) on the death of the adult,

(b) by order of the court, or

(c) in the circumstances specified by the court.

(2) Despite the end of a guardianship order, if the Public Guardian and Trustee is acting as the adult's property guardian, the Public Guardian and Trustee may carry out and complete a transaction, entered into by the Public Guardian and Trustee in relation to the adult's property, that is not completed before an order appointing a guardian ends.

(3) Despite the end of a guardianship order under subsection (1) (a), on the death of the adult and until letters probate of the will or letters of administration of the estate of the adult are granted and notice in writing of the grant is served on a property guardian, the property guardian

(a) continues, for the purpose of preserving the adult's estate until the grant is made and notice is served, to have the rights, powers, duties and privileges that the property guardian would have had if the adult had not died, and

(b) has the powers of an executor of the last will and testament, or the powers of an administrator of the estate, of the adult.

(4) The court may make an order that subsection (3) does not apply,

(a) at any time the court makes any other order under this Part, or

(b) if no letters probate or letters of administration of the estate of the adult are granted, on application by a property guardian.

(5) Despite section 22 (1) (b), the Public Guardian and Trustee must not require a property guardian to pass accounts before the Public Guardian and Trustee after the death of an adult.

Release of property guardian

29 Unless the court orders otherwise, if, in the case of a property guardian,

(a) the property guardian is removed by order of the court or the order for guardianship ends, and

(b) accounts are passed in accordance with section 22,

the property guardian is released, except in respect of undisclosed acts, neglects, defaults or accounts, or dishonest or unlawful conduct, from all actions, claims and demands for or concerning the property guardian's actions under this Act.

Division 5 -- Other Matters Respecting Guardians

Investigations by Public Guardian and Trustee

30 (1) If the Public Guardian and Trustee has reason to believe that a guardian has failed, or is about to fail, to comply with the guardian's duties, the Public Guardian and Trustee may conduct an investigation.

(2) After conducting an investigation, the Public Guardian and Trustee may apply to the court for a review under section 25.

(3) Unless the court orders otherwise, a copy of the application under subsection (2) must be served

(a) on the adult and on the guardian who is the subject of the application, and

(b) at least 30 days before the date set for the hearing.

(4) Section 25 (7) does not apply to an application for review made as a result of an investigation under this section.

Extraprovincial and extra-territorial guardianship orders

31 (1) In this section:

"foreign order" means an order made in a prescribed jurisdiction outside Canada that appoints a person to carry out duties comparable to those of a guardian in respect of an adult who is not ordinarily resident in British Columbia;

"non-registrable order" means an order made

(a) outside British Columbia, but within Canada, or

(b) in a prescribed jurisdiction outside Canada

that appoints a person to carry out duties comparable to those of a guardian in respect of an adult who is ordinarily resident in British Columbia;

"registrable order" means an order made outside British Columbia, but within Canada, that appoints a person to carry out duties comparable to those of a guardian in respect of an adult who is not ordinarily resident in British Columbia.

(2) A guardian acting under a registrable order may register the order under the Enforcement of Canadian Judgments and Decrees Act, and, if registered, the guardian

(a) has all of the powers of a guardian in British Columbia as if the guardian were appointed under this Act,

(b) is subject in British Columbia to any conditions set out in the original order, and

(c) ceases to have the powers of a guardian in British Columbia if the adult to whom the guardianship order relates becomes ordinarily resident in British Columbia, and the order must be confirmed in accordance with subsections (3) to (5).

(3) A guardian acting under a non-registrable order or a foreign order may apply to the court for an order confirming the non-registrable order or foreign order by filing with the court

(a) a plan for the adult's guardianship prepared in the prescribed form by the guardian,

(b) a copy of any known representation agreement, power of attorney, enduring power of attorney and advance directive made by the adult,

(c) a copy of the non-registrable order or foreign order

(i) bearing the seal of the court that made it, or

(ii) certified by the registrar or other officer of the court that made it, and

(d) an affidavit signed by the guardian stating that the non-registrable order or foreign order has not been revoked and has full effect.

(4) In respect of a non-registrable order, a copy of the application under subsection (3) and the accompanying documents must be served on the Public Guardian and Trustee at least 30 days before the date set for the hearing, and the Public Guardian and Trustee may submit written or oral comments to the court.

(5) The court may order a non-registrable order or a foreign order to be confirmed on considering the documents filed under subsection (3) and, in the case of a non-registrable order, any comments submitted under subsection (4).

(6) If an order has been confirmed under subsection (5), the guardian

(a) has all of the powers of a guardian in British Columbia as if the guardian were appointed under this Act,

(b) in the case of a non-registrable order, is subject in British Columbia to any condition imposed by the court that the court may impose under this Act on an order appointing a guardian, including a requirement that the guardian give security under section 8 (5), and

(c) in the case of a non-registrable order, is subject in British Columbia to the provisions of this Act respecting guardians.

Part 2.1 -- Statutory Property Guardians

Process for getting a statutory property guardian

32 (1) If a person has reason to believe that an adult may be incapable of managing the adult's financial affairs, the person may

(a) if the person is a health care provider, request a qualified health care provider to assess the adult's incapability, or

(b) if the person is not a health care provider, notify the Public Guardian and Trustee of the person's belief, and the Public Guardian and Trustee may request a qualified health care provider to assess the adult's incapability.

(2) If, after assessing the adult according to prescribed procedures, the qualified health care provider determines that the adult is incapable of managing that adult's financial affairs, the qualified health care provider may, using the prescribed form, report the adult's incapability to a health authority designate.

(3) If a health authority designate receives a report under subsection (2) of an adult's incapability, the health authority designate may issue a certificate of incapability in respect of the adult, if satisfied that, based on the report and any additional information the designate requires,

(a) the adult needs to make one or more decisions about the adult's financial affairs,

(b) the adult is incapable of making those decisions,

(c) the adult needs, and will benefit from, the assistance and protection of a statutory property guardian,

(d) the needs of the adult would not be sufficiently met by alternative means of assistance, and

(e) either

(i) the adult has not granted power over all of the adult's financial affairs to a representative under section 9 (1) (g) of the Representation Agreement Act, before the repeal of that provision, or to an attorney under an enduring power of attorney, or

(ii) a representative or attorney has been granted power as described in subparagraph (i) but is not complying with the representative's duties under the Representation Agreement Act or the representation agreement, or the attorney's duties under the Power of Attorney Act or the enduring power of attorney, as applicable.

(4) If the health authority designate issues a certificate of incapability, the certificate must be forwarded to the Public Guardian and Trustee.

(5) On receiving the certificate of incapability, the Public Guardian and Trustee may accept the certificate by signing it, in which case, the Public Guardian and Trustee is the adult's statutory property guardian.

(6) If the Public Guardian and Trustee does not accept the certificate of incapability,

(a) the Public Guardian and Trustee must advise the health authority designate that the certificate has not been accepted, and the reason it has not been accepted, and

(b) a person may use the certificate in an application for a property guardian for the adult in place of one of the assessment reports required under section 5 (2) (a).

(7) This section does not apply if the adult has a property guardian.

When Public Guardian and Trustee becomes
statutory property guardian

33 (1) On becoming an adult's statutory property guardian, the Public Guardian and Trustee has all the powers of a property guardian under this Act or any other enactment, including any powers that a court could grant to a property guardian.

(2) On becoming an adult's statutory property guardian, the Public Guardian and Trustee

(a) has the duties of a property guardian as set out in sections 19 (1) (a), (b) and (e), (2) and (3) (a) and (c), 21 (1), (2), (3) (b) to (d) and (5) to (7) and 22 (3) to (8), and sections 14 (1), 23 and 24 apply, and

(b) must advise the adult, and, if contact information is known to the Public Guardian and Trustee, the adult's spouse or a near relative of the adult, of the adult's rights under subsection (3).

(3) On being advised that the Public Guardian and Trustee is an adult's statutory property guardian,

(a) the adult, or a person acting on behalf of the adult, may request, within the prescribed time, a second assessment of the adult's incapability conducted in accordance with prescribed procedures, and

(b) if, following the second assessment, a qualified health care provider determines that the adult is incapable of managing that adult's financial affairs, the adult, or a person acting on behalf of the adult, may apply to the court under section 35 for a review of the determination.

(4) When the adult is advised that the Public Guardian and Trustee is the adult's statutory property guardian, the authority of any attorney, or, in respect of financial affairs, of any representative, acting for the adult is suspended until

(a) the adult no longer has a statutory property guardian, or

(b) the Public Guardian and Trustee gives notice to the attorney or representative under subsection (5).

(5) An enduring power of attorney is ended, or financial provisions of a representation agreement are ended, if

(a) in the opinion of the Public Guardian and Trustee, it would be in the best interests of the adult, based on prescribed criteria, to end the enduring power of attorney or financial provisions, and

(b) the Public Guardian and Trustee gives notice to the attorney or representative acting under the enduring power of attorney or representation agreement that the enduring power of attorney or financial provisions of the representation agreement are ended.

When adult must be reassessed

34 The incapability of an adult who has a statutory property guardian must be reassessed by a qualified health care provider, in accordance with prescribed procedures, if

(a) the adult is receiving psychiatric treatment in a facility designated under the Mental Health Act and the adult is to be discharged,

(b) the adult's statutory property guardian informs the health authority designate that a reassessment should occur,

(c) the adult requests a reassessment and has not been reassessed within the preceding 12 months, or

(d) the court orders that a reassessment occur under section 35 (3).

Court review of finding of incapability

35 (1) If an adult has been determined to be incapable of managing the adult's financial affairs under section 33 (3) or 34, the adult may apply to the court for a review of that determination.

(2) The following are parties to a review under this section:

(a) the adult who has been determined to be incapable;

(b) the health authority designate who issued the certificate of incapability;

(c) if ordered by the court, the adult's guardian.

(3) The court may order the adult to attend at the time and place the court directs and submit to an assessment of incapability by a qualified health care provider according to prescribed procedures.

(4) The court may

(a) confirm the determination of incapability, or

(b) reject the determination of incapability and order that the authority of the statutory property guardian is ended.

Replacing the statutory property guardian

36 (1) Any of the following persons may apply to the Public Guardian and Trustee to assume powers and duties as an adult's statutory property guardian:

(a) an individual;

(b) a credit union, trust company or extraprovincial trust corporation authorized to do trust business under the Financial Institutions Act.

(2) An application must

(a) be in the prescribed form, and

(b) be accompanied by a plan, in the prescribed form, for performing the duties of a statutory property guardian.

(3) The Public Guardian and Trustee may grant the application if satisfied that

(a) the applicant is suitable, and

(b) the plan is appropriate to manage the adult's financial affairs.

(4) If the Public Guardian and Trustee grants an application,

(a) the authority to act as the adult's statutory property guardian is transferred from the Public Guardian and Trustee to the applicant, and

(b) the Public Guardian and Trustee must not exercise power as the adult's statutory property guardian.

(5) Before granting an application, the Public Guardian and Trustee may require an applicant to provide security for the proper performance of the duties of a statutory property guardian in a form acceptable to the Public Guardian and Trustee.

(6) The Public Guardian and Trustee may determine the remuneration, if any, the applicant will receive from the adult's property for acting as a statutory property guardian.

(7) On granting an application, the Public Guardian and Trustee must give the applicant a notice in the prescribed form that confirms the transfer of the Public Guardian and Trustee's authority as statutory property guardian to the applicant.

(8) A statutory property guardian who has been granted authority under this section

(a) has all of the powers of a property guardian under this Act or any other enactment, except those powers a court must specifically grant to a property guardian,

(b) has the duties of a property guardian as set out in sections 15 (2) to (6), 18, 19 (1) (a), (b), and (e) and (2) to (6), 21 and 22 (1) (b) and (3) to (7), and sections 14, 23 and 24 apply, and

(c) must act, to the extent reasonable, in accordance with the plan submitted under subsection (2) (b).

(9) If the Public Guardian and Trustee refuses an application, the applicant may

(a) apply to the court to be appointed the adult's property guardian, and

(b) use the certificate of incapability issued under section 32 in place of one of the assessment reports required under section 5 (2) (a).

(10) The Public Guardian and Trustee may rescind a grant of authority made under this section if

(a) the person who has been granted the authority fails to comply with this Act or the regulations made under it, or

(b) it is no longer in the best interests of the adult for the adult's statutory property guardian to continue to act.

When authority ends

37 (1) The authority of a statutory property guardian who has been granted the authority under section 36 ends and that authority is transferred back to the Public Guardian and Trustee if

(a) the person granted authority

(i) dies,

(ii) becomes incapable of managing the adult's financial affairs, or

(iii) resigns as statutory property guardian by giving written notice to the Public Guardian and Trustee,

(b) the Public Guardian and Trustee rescinds the grant of authority, or

(c) an order is made under section 56 (3) (c).

(2) The authority of an adult's statutory property guardian ends if

(a) the Public Guardian and Trustee is the statutory property guardian and the Public Guardian and Trustee

(i) is satisfied that the adult no longer requires a statutory property guardian, and

(ii) has provided notice to the adult that the adult no longer has a statutory property guardian,

(b) following a second assessment under section 33 (3), or a reassessment under section 34,

(i) a qualified health care provider determines that the adult is capable of managing the adult's financial affairs and notifies a health authority designate of the determination, and

(ii) the health authority designate accepts the determination of capability and notifies the Public Guardian and Trustee of the determination,

(c) the court ends the statutory property guardianship under section 35, or

(d) the court appoints a property guardian for the adult.

(3) If the authority of an adult's statutory property guardian ends under subsection (2), the certificate of incapability issued under section 32 is cancelled.

(4) Despite the end of a statutory property guardianship, the Public Guardian and Trustee may carry out and complete a transaction, entered into by the statutory property guardian in relation to the adult's property, that is not completed before the authority of the adult's statutory property guardian ends.

(5) On the death of the adult and until letters probate of the will or letters of administration of the estate of the adult are granted and notice in writing of the grant is served on a statutory property guardian, the statutory property guardian

(a) continues, for the purpose of preserving the adult's estate until the grant is made and notice is served, to have the rights, powers, duties and privileges that the statutory property guardian would have had if the adult had not died, and

(b) has the powers of an executor of the last will and testament, or the powers of an administrator of the estate, of the adult.

(6) If no letters probate or letters of administration of the estate of the adult are granted, the statutory property guardian may apply to court for an order that subsection (5) does not apply.

Release of statutory property guardian

38 Unless the Public Guardian and Trustee orders otherwise, if

(a) the authority of a statutory property guardian ends, and

(b) the statutory property guardian has passed all accounts before the Public Guardian and Trustee,

the statutory property guardian is released, except in respect of undisclosed acts, neglects, defaults or accounts, or dishonest or unlawful conduct, from all actions, claims and demands for or concerning the statutory property guardian's actions under this Act.

Public guardians for non-residents

39 (1) In this section:

"non-resident adult" means an adult who

(a) is resident outside British Columbia, and

(b) has property in British Columbia;

"public guardian" means a person outside British Columbia who

(a) holds a statutory position, under an enactment of a province of Canada, equivalent to the Public Guardian and Trustee of British Columbia, and

(b) is acting in the capacity of a property guardian for a non-resident adult under authority of an enactment, other than an order of the court;

"statutory guardian" means a person outside British Columbia who is acting in the capacity of guardian of financial affairs for a non-resident adult under authority delegated by a public guardian;

"statutory guardianship certificate" means a certificate issued by a public guardian, certifying that a statutory guardian is acting in the capacity of a guardian of financial affairs for a non-resident adult.

(2) Subject to subsection (3), the following persons have all of the powers of a statutory property guardian under this Act in respect of property in British Columbia held by a non-resident adult:

(a) a public guardian;

(b) a statutory guardian who registers a statutory guardianship certificate under the Enforcement of Canadian Judgments and Decrees Act.

(3) Any conditions on the exercise of power to which a public guardian or statutory guardian are subject in the province of Canada in which the person became the public guardian or statutory guardian apply to an exercise of power under subsection (2).

(4) A statutory guardian who registers a statutory guardianship certificate ceases to have the powers of a statutory property guardian in British Columbia if the adult to whom the certificate relates becomes ordinarily resident in British Columbia.

5 Section 44.1 is repealed.

6 Section 45 (2) (b) is amended by striking out ", decision maker".

7 Section 46 (2) is amended by striking out "A person" and substituting "Despite the Freedom of Information and Protection of Privacy Act and the Personal Information Protection Act, a person".

8 Section 47 (1) (c) is amended by striking out ", decision maker".

9 Section 48 (2) (b) (iii) is amended by striking out ", business or assets".

10 Section 51 is amended

(a) by repealing subsection (1) (d),

(b) in subsection (1) (e) by striking out "30 days" and substituting "90 days",

(c) in subsection (1) (e) (iii) by striking out "assets, business or", and

(d) by repealing subsection (2) and substituting the following:

(2) An order may be made under subsection (1) (e) without notice to the adult or a person against whom the order is sought, if there are reasonable grounds for believing that proceeding without notice is necessary for the immediate protection of the adult.

11 Section 54 is amended

(a) by repealing subsection (2) (f) and substituting the following:

(f) the adult's attorney, representative or guardian; , and

(b) by adding the following subsection:

(4) Subsection (3) (b) does not apply if the only order being sought is an order under section 56 (3) (c).

12 Section 56 is amended

(a) in subsection (3) (c) (iii) by striking out "assets, business or",

(b) in subsection (4) (e) by striking out ", business or assets", and

(c) in subsections (4) (a), (d) and (e) and (7) by striking out "6 months" and substituting "one year".

13 Section 57 (4) (b) is amended by striking out "6 months" and substituting "one year".

14 Section 59 is amended

(a) in subsection (1) (b) (iii) by striking out "adult's assets" and substituting "adult's property", and

(b) in subsection (2) (d) by striking out ", business or assets".

15 The following section is added to Part 4:

Transfer of property by incapable adult

60.2 (1) If an adult transfers an interest in the adult's property while the adult is incapable, the transfer is voidable against the adult unless

(a) the interest was transferred for full and valuable consideration, and that consideration was actually paid or secured to the adult, or

(b) at the time of the transfer, a reasonable person would not have known that the adult was incapable.

(2) In a proceeding in respect of a transfer described in subsection (1), the onus of proving a matter described in subsection (1) (b) is on the person to whom the interest was transferred.

16 Section 61 (a) is repealed.

17 Sections 62 and 63 are repealed and the following substituted:

Right to information

62 (1) A designated agency, a qualified health care provider 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, a qualified health care provider or the Public Guardian and Trustee is entitled to under subsection (1) must disclose that information to the designated agency, qualified health care provider or Public Guardian and Trustee, as applicable.

(3) This section overrides

(a) any claim of confidentiality or privilege, except 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.

Disclosing information

62.1 (1) A designated agency may disclose information obtained under this Act for the purposes of exercising the powers or performing the duties or functions of the designated agency under this Act.

(2) The Public Guardian and Trustee may disclose information obtained under this Act for the purposes of exercising the powers or performing the duties or functions of the Public Guardian and Trustee.

(3) A qualified health care provider who performs an assessment of an adult's incapability under this Act may disclose information obtained under this Act for the purposes of providing a report of the assessment to

(a) the Public Guardian and Trustee,

(b) a health authority designate, for the purposes of exercising the powers or performing the duties or functions of the health authority designate under this Act,

(c) a designated agency, for the purposes of exercising the powers or performing the duties or functions of the designated agency under this Act, and

(d) a person who

(i) makes a request, in writing, to the qualified health care provider for the report, and

(ii) confirms in the request that the report is to be used only for the purpose of an application to the court for an order under this Act.

(4) Subsection (3) overrides any restriction in an enactment or the common law about the disclosure or confidentiality of information.

Supreme Court jurisdiction

62.2 (1) Nothing in this Act

(a) limits the inherent jurisdiction of the court to act in a parens patriae capacity, or

(b) deprives a person of the right to ask the court to exercise that jurisdiction.

(2) On application by a guardian, the court may

(a) give directions regarding the scope of the guardian's powers and duties, and

(b) make any order in the best interests of the adult.

Costs of an application

62.3 For any matter for which an application may be made under Part 2 or 2.1, or section 62.2 (2), the court may order that the costs of the application be paid from the property of the adult who is the subject of the application.

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) prescribing Acts for the purpose of the definition of "health care provider";

(b) prescribing classes of health care providers whose members may act as qualified health care providers;

(c) respecting procedures for assessments of incapability, including prescribing different procedures for assessments made for different purposes;

(d) respecting the manner in which an assessment is to be reported;

(e) prescribing forms and certificates;

(f) prescribing informational material that must be served under section 5;

(g) respecting the value of gifts, loans or charitable gifts that may be made by a property guardian under section 17, expressed in any form, including as a percentage of net income, and including setting different values for different classes of gifts, loans and charitable gifts;

(h) setting out the circumstances in which a report must be made to the Public Guardian and Trustee under section 19 (6) (a), including in respect of changes to the value of the adult's property;

(i) respecting matters to be considered by a personal guardian under section 20 (3);

(j) prescribing an amount for the purposes of section 22 (7) (a);

(k) respecting remuneration for property guardians, including

(i) setting tariffs, rates or limits,

(ii) expressing a tariff, rate or limit in any form, including as a percentage of an adult's net annual income,

(iii) setting conditions on remuneration, including when remuneration may be taken and requiring the passing of accounts before the court or the Public Guardian and Trustee as a condition of remuneration,

(iv) setting different tariffs, rates, limits or conditions for different classes of persons,

(v) permitting the Public Guardian and Trustee to reduce or disallow remuneration after reviewing a property guardian's accounts,

(vi) permitting the Public Guardian and Trustee to require remuneration taken by a property guardian to be returned to the adult, with or without interest, and

(vii) setting conditions on entitlement to a charge under section 24 (5), including permitting the Public Guardian and Trustee to disallow or limit a charge;

(l) prescribing offences for the purposes of section 27 (1) (e);

(m) prescribing time limits within which a person must apply for a second assessment of incapability under section 33 (3) or to the court for review;

(n) prescribing criteria for the purposes of section 33 (5);

(o) respecting plans for guardianship and statutory property guardianship, including

(i) requiring that the plan be accompanied by an affidavit swearing to the truth of the matters set out in the plan and an undertaking to comply with the plan,

(ii) prescribing the form of the affidavit and undertaking described in subparagraph (i), and the form of the plan, and

(iii) respecting reports to the Public Guardian and Trustee if property belonging to the adult who is the subject of the plan is not disclosed or not accurately valued in the plan;

(p) respecting records to be kept by a guardian;

(q) prescribing jurisdictions for the purpose of confirming foreign orders;

(r) respecting the calculation and payment of fees;

(s) respecting disclosure of information by the Public Guardian and Trustee under section 62.1.

(3) The authority to make a regulation under subsection (2) (j) does not affect the authority to make a regulation under section 23 of the Public Guardian and Trustee Act.

(4) The Lieutenant Governor in Council may make regulations respecting mediation under section 6, including regulations

(a) respecting the circumstances in which a person must participate in mediation and the nature or extent of that participation,

(b) respecting matters that must not be the subject of mediation,

(c) setting out the rights and duties that accrue to the persons involved in mediation, the court and the mediator,

(d) respecting the forms and procedures that must or may be used or followed before, during and after the mediation process, including specifying a period of time after which a person may proceed to court under section 7 after completing mediation,

(e) respecting the confidentiality of information disclosed for the purposes of mediation,

(f) respecting the circumstances, if any, and manner in which a person involved in mediation may opt out of or be exempted from mediation,

(g) respecting the costs and other sanctions that may be imposed in relation to mediation, including, without limitation, in relation to any failure to participate in mediation when and as required or otherwise to comply with the regulations,

(h) respecting the qualifications required for, and the selection and identification of, individuals who may act as mediators in the mediation process contemplated by the regulations, and

(i) respecting the circumstances, if any, in which a hearing may proceed under section 7 without mediation, before mediation has been completed, or before any period of time prescribed under paragraph (d) of this subsection has elapsed.

(5) If and to the extent that there is any conflict between the regulations made under subsection (4) and any other enactment, including, without limitation, the rules of any court, the regulations made under subsection (4) prevail.

18 Section 65 is repealed and the following substituted:

Transition from the Patients Property Act

65 (1) If an adult is a patient within the meaning of paragraph (a) of the definition of "patient" in section 1 of the Patients Property Act at the time that section is repealed by the Adult Guardianship and Planning Statutes Amendment Act, 2006,

(a) the Public Guardian and Trustee is deemed to be the adult's statutory property guardian under this Act, and

(b) a reference to the patient in any instrument is deemed for the purposes of this Act to be a reference to the adult.

(2) If an adult who is a patient within the meaning of paragraph (b) of the definition of "patient" in section 1 of the Patients Property Act has, at the time that section is repealed by the Adult Guardianship and Planning Statutes Amendment Act, 2006, a committee with power and authority over the adult's person, the adult's affairs, or both,

(a) the person who, until the repeal of that section, was the committee is deemed to have been appointed under this Act as personal guardian, property guardian, or both, as applicable, with the same powers as the committee,

(b) the order appointing the committee is deemed to have been made under this Act, and

(c) a reference in the order to the committee or the patient is deemed for the purposes of this Act to be a reference to the guardian or the adult respectively.

(3) In addition to the regulation making powers under section 63, the Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable to bring Part 2 of this Act into operation and to facilitate the transition from the Patients Property Act to this Act.

(4) The authority to make or amend a regulation under this section, but not the authority to repeal a regulation under this section, ends 3 years after the date on which this section comes into force.

Part 2 -- Planning Statutes Amendments

 
Health Care (Consent) and Care Facility (Admission) Act

19 Section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended

(a) by repealing the definitions of "designated agency", "guardian" and "substitute decision maker", and

(b) by adding the following definitions:

"advance directive" means a written instruction in the prescribed form that

(a) refuses consent to particular kinds of health care in the event that the adult is not capable of giving the instruction at the time the health care is required, and

(b) complies with section 9.1 (4);

"close friend", in respect of an adult who requires health care, means another adult who

(a) has a long-term, close personal relationship with frequent personal contact with the adult, and

(b) has a personal interest in the adult's welfare,

but does not include a person who receives compensation for providing personal care or health care to that adult;

"health authority designate" has the same meaning as in the Adult Guardianship Act;

"personal guardian" means a person appointed by the court under the Adult Guardianship Act to make decisions regarding an adult's personal care and health care; .

20 Section 9 is amended by adding the following subsections:

(1.1) For the purposes of sections 5 and 6, and despite section 6 (e) and (f), an adult may refuse consent to health care by means of an advance directive.

(2.1) If a capable adult provides consent to specific health care, the consent is not affected by any subsequent incapability.

21 The following sections are added:

Advance directives

9.1 (1) Subject to subsection (3), this section applies when

(a) in the opinion of a health care provider, an adult requires health care,

(b) the adult is incapable of

(i) giving or refusing consent to the health care, or

(ii) communicating the adult's decision about the health care, and

(c) the health care provider

(i) does not know of any personal guardian or representative for the adult, and

(ii) is aware that the adult has an advance directive that is relevant to the proposed health care.

(2) A health care provider must not provide health care to an adult if the adult has refused consent to the health care in the adult's advance directive.

(3) If a health care provider reasonably believes that

(a) while the adult was capable, the adult's wishes, values or beliefs changed, and the change is not reflected in the advance directive, or

(b) the instructions in an adult's advance directive are so unclear that it cannot be determined whether the adult has refused consent to the health care,

subsections (1) and (2) do not apply and the health care provider must obtain substitute consent under section 16 for any health care.

(4) An advance directive is not valid unless the adult who made the advance directive states in it that the adult is aware that, for those matters for which health care was refused,

(a) a health care provider will not provide the health care to the adult, even if changes in medical knowledge, practice or technology that might benefit the adult have occurred since the advance directive was made, and

(b) a person may not be chosen under section 16 to give or refuse consent to health care on behalf of the adult.

(5) A health care provider is not required to make more than a reasonable effort in the circumstances to determine whether the adult has an advance directive or a personal guardian or representative.

Withdrawal of health care

9.2 If a health care provider

(a) is not aware that an adult has an advance directive that refuses consent to specific health care,

(b) provides the health care to the adult, and

(c) subsequently is made aware of an advance directive in which that adult refuses consent to that health care,

the health care provider must withdraw the health care unless section 9.1 (3) applies.

22 Sections 11 (b), 12 (1) (c) and (2), 12.2, 14 (1) (b) and 15 (b) are amended by striking out "substitute decision maker, guardian" wherever it appears and substituting "personal guardian".

23 Section 12 is amended by adding the following subsection:

(3) If a personal guardian or representative becomes available or a person is chosen under section 16 after a health care provider provides health care to an adult under this section, the personal guardian, representative or person may refuse consent for continued health care, and the health care must be withdrawn.

24 Section 12.1 is amended by adding ", including instructions in an advance directive," after "applicable to the circumstances".

25 Section 16 (1) is amended by adding the following paragraphs:

(c.1) the adult's grandparent;

(f) a close friend of the adult;

(g) a person immediately related to the adult by marriage;

(h) if the adult is a professed member of a religious order, the ecclesiastical authority designated by the religious order.

26 Section 17 is amended

(a) in subsection (3) by striking out "substitute decision maker or guardian" and substituting "personal guardian",

(b) in subsection (6) by striking out "substitute decision maker" and substituting "person", and

(c) by repealing subsection (7) and substituting the following:

(7) A person who has custody or control of any information or document referred to in subsection (6) must, at the request of a person chosen under section 16, disclose that information to the person chosen under section 16 or produce that document for inspection and copying by that person.

27 Section 18 (2) (b) is amended by striking out "and (2) (a)" and substituting "and (2)".

28 Section 19 is amended

(a) by repealing subsection (2) and substituting the following:

(2) If the adult's instructions or wishes are not known, the person chosen under section 16 must decide to give or refuse consent in the adult's best interests. , and

(b) by repealing subsection (3) (a) and substituting the following:

(a) the adult's current wishes, and known beliefs and values, .

29 The following section is added:

Transitional -- Advance directives

35.1 The Lieutenant Governor in Council may make regulations setting out criteria by which written instructions made by a capable adult that

(a) refuse consent to particular kinds of health care in the event that the adult is not capable of giving the instruction at the time the health care is required, and

(b) were made before section 9.1 comes into force,

may be deemed to be advance directives, and written instructions that meet the prescribed criteria are deemed to be advance directives.

30 The following sections of the Health Care (Consent) and Care Facility (Admission) Act, as enacted by the Supplements Repeal Act, are amended:

(a) sections 14 (9) (a), 21 (2) (a), 22 (1) and (2), 23 (1) (c) and 26 (2) are amended by striking out "substitute decision maker, guardian" and substituting "personal guardian",

(b) section 14 (10) is repealed and the following substituted:

(10) On being notified under subsection (9), the Public Guardian and Trustee may apply to the court under the Adult Guardianship Act for the appointment of, or a change to the appointment of, a personal guardian. ,

(c) section 18 (3) is amended by striking out "a substitute decision maker or guardian" and substituting "personal guardian", and

(d) sections 21 (3) and 22 (1) are amended by striking out "designated agency" and substituting "health authority designate".

 
Power of Attorney Act

31 The following heading is added before section 1 of the Power of Attorney Act, R.S.B.C. 1996, c. 370:

Part 1 -- General Powers of Attorney .

32 Section 1 is amended by striking out "In this Act:" and substituting "In this Part:".

33 The following section is added:

Interpretation

1.1 Nothing in Parts 2 and 3 of this Act affects the application of the common law to this Part.

34 Section 8 is repealed.

35 The following Parts are added:

Part 2 -- Enduring Powers of Attorney

Division 1 -- Definitions and Presumption of Capability

Definitions

10 In this Part and Part 3:

"adult" means an individual who is 19 years of age or older;

"attorney" means a person who

(a) is authorized under an enduring power of attorney to act as an attorney, and

(b) has signed the enduring power of attorney under section 17;

"close relative" means a child, a parent, a grandparent, a sibling, an uncle, an aunt, a nephew, a niece, and a person who is married to, or in a marriage-like relationship with, one of these people;

"enduring power of attorney" means a power of attorney

(a) in which an adult authorizes an attorney to

(i) make decisions on behalf of the adult, or

(ii) do certain things

in relation to the adult's financial affairs, and

(b) that continues to have effect while, or comes into effect when, the adult is incapable;

"financial affairs" includes an adult's business and property, as well as conduct of the adult's legal affairs;

"health care" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;

"health care provider" means a person who is licensed, certified or registered to provide health care under an Act prescribed under the Adult Guardianship Act;

"personal care" includes the following matters in respect of an adult:

(a) diet, dress and hygiene;

(b) health related activities, including medication;

(c) social, recreational, employment and educational activities;

(d) shelter, including admission to a care facility, as that term is defined under the Health Care (Consent) and Care Facility (Admission) Act;

"qualified health care provider" means a medical practitioner or a member of a class of health care providers prescribed as a "qualified health care provider" under the Adult Guardianship 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 with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Adults presumed to be capable

11 (1) Until the contrary is demonstrated, an adult is presumed to be capable of

(a) making decisions about the adult's financial affairs, and

(b) understanding the nature and consequences of making, changing or revoking an enduring power of attorney.

(2) An adult's way of communicating with others is not grounds for deciding that the adult is incapable of making the decisions or having the understanding referred to in subsection (1).

Division 2 -- Making an Enduring Power of Attorney

Adult may make enduring power
of attorney unless incapable

12 (1) An adult may make an enduring power of attorney unless the adult is incapable of understanding the nature and consequences of the proposed enduring power of attorney.

(2) An adult is incapable of understanding the nature and consequences of the proposed enduring power of attorney if the adult cannot understand all of the following:

(a) the kind of property the adult has and its approximate value;

(b) the obligations the adult owes to his or her dependants;

(c) that the adult's attorney will be able to do on the adult's behalf anything in respect of property that the adult could do if capable, except make a will, subject to the conditions and restrictions set out in the enduring power of attorney;

(d) that the adult's attorney must account for his or her dealings with the adult's property;

(e) that, unless the attorney manages the property prudently, its value may decline;

(f) that the attorney might misuse the attorney's authority;

(g) that the adult may, if capable, revoke the enduring power of attorney;

(h) any other prescribed matter.

What enduring power of attorney may do

13 (1) An adult may, in an enduring power of attorney, authorize an attorney to

(a) make decisions on behalf of the adult, or

(b) do anything that the adult may lawfully do by an agent

in relation to the adult's financial affairs.

(2) An adult may grant general or specific powers to an attorney.

Enduring power of attorney must include
provision for continued authority

14 An adult who makes an enduring power of attorney must state in the enduring power of attorney

(a) whether the attorney may exercise authority

(i) while the adult is capable, or

(ii) only while the adult is incapable

of making decisions about the adult's financial affairs, and

(b) that the authority of the attorney continues despite the adult's incapability.

What enduring power of attorney must not do

15 A direction to an attorney to do either or both of the following is not valid and must be severed from an enduring power of attorney:

(a) to do anything that is prohibited by law;

(b) to omit to do anything that a person is required to do by law.

Adult must sign enduring power of attorney

16 (1) Subject to subsection (2), an enduring power of attorney must be in writing and signed and dated by

(a) the adult in the presence of 2 witnesses, and

(b) both witnesses in the presence of the adult.

(2) Only one witness is required if that witness is a practising member of the Law Society of British Columbia or a member of the Society of Notaries Public of British Columbia.

(3) An enduring power of attorney may be signed on behalf of an adult if

(a) the adult is physically incapable of signing the enduring power of attorney,

(b) the adult is present and directs that the enduring power of attorney be signed, and

(c) the signature of the person signing the enduring power of attorney on behalf of the adult is witnessed in accordance with this section, as if that signature were the adult's signature.

(4) The following persons must not sign an enduring power of attorney on behalf of an adult:

(a) a witness to the signing of the enduring power of attorney;

(b) a person prohibited from acting as a witness under subsection (5).

(5) The following persons must not witness the signing of an enduring power of attorney:

(a) a person named in the enduring power of attorney as an attorney;

(b) a person who provides personal care, health care or financial services to the adult for compensation, other than a practising member of the Law Society of British Columbia or a member of the Society of Notaries Public of British Columbia;

(c) a spouse, close relative, employee or agent of the adult or of a person described in paragraph (a) or (b);

(d) a person who is not an adult.

(6) A person who does not understand the type of communication used by the adult must not witness the signing of an enduring power of attorney unless the person receives interpretive assistance to understand that type of communication.

Attorney must sign enduring power of attorney

17 (1) Before a person may exercise the authority of an attorney granted in an enduring power of attorney, the person must sign the enduring power of attorney in the presence of 2 witnesses.

(2) The signing of an enduring power of attorney by an attorney is not required to be in the presence of the adult or any other attorney.

(3) Section 16 (2), (5) and (6) applies to witnesses of an attorney's signature.

(4) A person named as an attorney in an enduring power of attorney who has not signed the enduring power of attorney is not required to give notice of any kind that the person is unwilling or unable to act as an attorney.

(5) If a person named as an attorney does not sign the enduring power of attorney, the authority of any other attorney is not affected, unless the enduring power of attorney states otherwise.

Division 3 -- Attorneys

Who may act as attorney

18 (1) An adult may name one or more of the following persons as an attorney:

(a) an individual, other than an individual who provides personal care or health care services to the adult for compensation;

(b) the Public Guardian and Trustee;

(c) a credit union, trust company or extraprovincial trust corporation authorized to carry on trust business under the Financial Institutions Act.

(2) Despite subsection (1) (a), a spouse or close relative of the adult who receives compensation for providing personal care or health care services to the adult for compensation may be named as an attorney.

(3) If an individual who is not an adult is named as an attorney, the individual must not act as attorney until that individual is an adult.

(4) An adult who names more than one attorney may assign to each of them

(a) a different area of authority, or

(b) all or part of the same area of authority.

(5) If all or part of the same area of authority is assigned to more than one attorney, the attorneys must act unanimously in exercising the authority, unless the adult does one or more of the following in the enduring power of attorney:

(a) describes the circumstances in which the attorneys need not act unanimously;

(b) sets out how a conflict between attorneys is to be resolved;

(c) authorizes an attorney to act only as an alternate attorney and sets out

(i) the circumstances in which the alternate is authorized to act in place of the attorney, including, for example, if the attorney is unwilling to act, dies or is for any other reason unable to act, and

(ii) the limits or conditions, if any, on the exercise of authority by the alternate.

Duties of attorney

19 (1) An attorney must

(a) act honestly and in good faith,

(b) exercise the care, diligence and skill of a reasonably prudent person,

(c) act within the authority given in the enduring power of attorney, including in accordance with any restrictions or conditions on that authority, and

(d) keep prescribed records.

(2) When managing and making decisions about the adult's financial affairs, an attorney must act in the adult's best interests, taking into account the adult's current wishes, known beliefs and values, and any directions to the attorney set out in the enduring power of attorney.

(3) An attorney must do all of the following:

(a) to the extent reasonable, give priority when managing the adult's financial affairs to meeting the personal care and health care needs of the adult;

(b) unless the enduring power of attorney states otherwise, invest the adult's property only in accordance with the Trustee Act;

(c) to the extent reasonable, foster the independence of the adult and encourage the adult's involvement in any decision-making that affects the adult;

(d) not dispose of property that the attorney knows is subject to a specific testamentary gift in the adult's will, except if the disposition is necessary to comply with the attorney's duties;

(e) to the extent reasonable, keep the adult's personal effects at the disposal of the adult.

(4) An attorney must keep the adult's property separate from his or her own property.

(5) Unless the enduring power of attorney states otherwise, subsection (4) does not apply to property that

(a) is jointly owned by the adult and the attorney as joint tenants or otherwise, or

(b) has been substituted for, or derived from, property described in paragraph (a).

Attorney's powers

20 (1) An attorney may make a gift or loan, or charitable gift, from the adult's property if either the enduring power of attorney permits the attorney to do so, or

(a) the adult will have sufficient property remaining to meet the personal care and health care needs of the adult and the adult's dependants, and to satisfy the adult's other legal obligations, if any,

(b) the adult made gifts or loans, or charitable gifts, of that nature when capable, or specifically authorized the gift or loan, or charitable gift, and

(c) the total value of all gifts or loans, or charitable gifts, in a year is equal to or less than the prescribed value.

(2) An attorney may receive a gift or loan under subsection (1) if the enduring power of attorney permits.

(3) An attorney may retain the services of a qualified person to assist the attorney in doing anything the adult has authorized the attorney to do.

Liability of attorney

21 An attorney who acts in the course of the attorney's duties is not liable for any loss or damage to the adult's financial affairs if the attorney takes reasonable steps to comply with

(a) the duties of the attorney as set out in section 19, and the enduring power of attorney,

(b) any directions of the Supreme Court given under section 35 (1) (a), and

(c) any other duty that may be imposed by law.

No delegation by attorney

22 (1) Unless the enduring power of attorney states otherwise, an attorney must not delegate any decision-making authority given to the attorney in an enduring power of attorney.

(2) Unless the enduring power of attorney states otherwise, and despite subsection (1), an attorney may delegate all or part of the attorney's authority in relation to investment matters if done in accordance with,

(a) if the attorney is the Public Guardian and Trustee, the Public Guardian and Trustee Act, or

(b) in any other case, section 15.5 of the Trustee Act.

Payment and expenses of attorney

23 (1) An attorney must not be compensated for acting as an adult's attorney unless the enduring power of attorney expressly authorizes the compensation and sets the amount or rate.

(2) An attorney may be reimbursed from an adult's property for reasonable expenses properly incurred in acting as the adult's attorney.

Resignation of attorney

24 (1) In this section, "close friend", in respect of an adult who has made an enduring power of attorney, means another adult who

(a) has a long-term, close personal relationship with frequent personal contact with the adult, and

(b) has a personal interest in the adult's welfare,

but does not include a person who receives compensation for providing personal care or health care to the adult.

(2) An attorney may resign by giving written notice to the adult and any other attorneys named in the enduring power of attorney.

(3) If the adult is incapable of making decisions at the time the attorney resigns, the attorney must give written notice of the resignation to a spouse, close relative or close friend of the adult, if any.

(4) The resignation of an attorney is effective

(a) when notice has been given under this section, or

(b) on a later date specified in the notice.

Division 4 -- Operation of Enduring Power of Attorney

When enduring power of attorney is effective

25 (1) An enduring power of attorney is effective on the latest of

(a) the date the enduring power of attorney is signed by the adult under section 16 and by an attorney under section 17,

(b) a date stated in the enduring power of attorney, and

(c) the date an event described in the enduring power of attorney is confirmed to have occurred.

(2) If the enduring power of attorney, or a provision of it, is effective after a specified event occurs, the adult must state in the enduring power of attorney how and by whom the event is to be confirmed.

(3) If the adult specifies that the enduring power of attorney is effective when the adult is incapable of making decisions about the adult's financial affairs, and the person named to confirm the adult's incapability is incapable, unwilling or unable to act, a qualified health care provider may confirm that the adult is incapable.

Acting when enduring power of attorney applies

26 (1) A capable adult may do anything that the adult has authorized an attorney to do, regardless of whether the enduring power of attorney is in effect.

(2) Subject to section 19 (2) and (3) (c), the attorney may act within the attorney's authority, despite the objections of the adult at the time of the act, if the adult is incapable when making those objections.

Changing or revoking enduring powers of attorney

27 (1) Subject to any limits or conditions in the enduring power of attorney, and unless the adult is incapable of understanding the nature and consequences of doing so, an adult who has made an enduring power of attorney may change or revoke the enduring power of attorney.

(2) After changing or revoking an enduring power of attorney, the adult must give written notice to each attorney.

(3) A change must be in writing and must be signed by the adult in accordance with section 16.

(4) A change or revocation is effective when notice is given under subsection (2) or on a later date stated in the notice.

(5) A change to an enduring power of attorney is binding on an attorney who receives notice of the change, unless the attorney resigns under section 24.

When authority of attorney is suspended or ends

28 (1) The authority of an attorney is suspended in any circumstances set out in an enduring power of attorney, for as long as those circumstances continue.

(2) The authority of an attorney ends

(a) if the enduring power of attorney ends,

(b) if the provisions of the enduring power of attorney that give authority to the attorney are revoked,

(c) if the attorney resigns in accordance with section 24, or

(d) if the attorney

(i) is the adult's spouse and their marriage or marriage-like relationship ends,

(ii) becomes incapable or dies,

(iii) is bankrupt,

(iv) is a corporation and the corporation dissolves, winds up or ceases to carry on business, or

(v) is convicted of a prescribed offence or an offence in which the adult was the victim.

(3) Subsection (2) (d) (i) does not apply if the enduring power of attorney states that the authority of the attorney continues if the marriage or marriage-like relationship ends.

(4) A marriage ends for the purposes of this section when an agreement, judgment or order referred to in section 56 [equality of entitlement to family assets on marriage breakup] of the Family Relations Act is first made in respect of the marriage.

(5) A marriage-like relationship ends for the purposes of this section when the parties to the marriage-like relationship stop living with each other with the intention of ending the relationship.

(6) If the authority of an attorney ends under subsection (2), any remaining attorneys may continue to act unless the enduring power of attorney states otherwise.

(7) Anything lawfully done by an attorney on behalf of the adult, including making an agreement, remains binding on the adult after the authority of the attorney ends.

When enduring power of attorney is suspended or ends

29 (1) If an adult becomes incapable after making an enduring power of attorney, any authority given to an attorney under the enduring power of attorney continues.

(2) An adult may set out in an enduring power of attorney any circumstances in which the enduring power of attorney is suspended, and, if those circumstances exist, the enduring power of attorney is suspended for as long as those circumstances continue.

(3) An enduring power of attorney is suspended in accordance with the Adult Guardianship Act if the adult has a statutory property guardian under that Act.

(4) An enduring power of attorney ends

(a) according to the terms of the enduring power of attorney,

(b) if the adult who made the enduring power of attorney dies,

(c) if the Supreme Court ends the enduring power of attorney under section 35 (5),

(d) if the enduring power of attorney is ended under section 12 [appointment of property guardian] or 33 (5) [statutory property guardianship] of the Adult Guardianship Act, or

(e) if the enduring power of attorney is revoked.

Improper exercise of authority

30 (1) In this section, an exercise of authority by an attorney is improper if, at the time the attorney acts,

(a) the authority of the attorney is suspended or has ended, or

(b) the enduring power of attorney or the provision of it under which the attorney acts is not in effect, or is suspended or invalid.

(2) An attorney is deemed to have had authority to act under an enduring power of attorney, and is not liable for acting without authority, if the attorney

(a) exercises authority improperly,

(b) does not know, and could not reasonably have known, that the exercise of authority was improper, and

(c) would have had authority to act if the circumstances described in subsection (1) (a) or (b) did not exist.

(3) If an attorney exercises authority improperly, the action is deemed to be valid and binding in favour of a person who does not know and has no reason to believe that the exercise of authority is improper.

Part 3 -- General Matters Respecting Enduring
Powers of Attorney

Division 1 -- Information

Access to information

31 (1) An attorney may request information and records respecting the adult for whom the attorney is acting, and has the same right to that information and those records as does the adult, if the information or records are necessary and relate to

(a) the incapability of the adult, or

(b) an area of authority granted to the attorney.

(2) A qualified health care provider or other person who is responsible for assessing the adult's incapability may request information necessary for carrying out that assessment.

(3) Subject to any restriction in an enduring power of attorney, if an attorney or a qualified health care provider requests information or records under this section, a person having custody or control of that information or those records must disclose the information or records for the purpose of inspection or copying to the person making the request.

(4) This section overrides

(a) any claim of confidentiality or privilege, except, subject to subsection (5), 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 [health care evidence] of the Evidence Act.

(5) Subsection (4) (a) does not limit the right of an attorney to information or records to which the adult is entitled and that relate to a matter in respect of which the attorney is litigation guardian.

Disclosing information

32 (1) An attorney must not disclose information or records obtained in the exercise of his or her authority except to the extent necessary to

(a) perform his or her duties under an enduring power of attorney or under this Act, as applicable,

(b) make a report to the Public Guardian and Trustee under section 33 (2) or comply with a requirement of the Public Guardian and Trustee, or

(c) make an application to, or comply with an order of, the Supreme Court.

(2) Despite the common law and any other enactment, other than section 51 [health care evidence] of the Evidence Act, a person may, in a report to the Public Guardian and Trustee under section 33 (2) of this Act, disclose any information or records in the person's custody or control, including information that is

(a) under an enactment, confidential, or

(b) subject to a claim of privilege, including solicitor-client privilege.

Division 2 -- Reports and Remedies

Reporting to Public Guardian and Trustee

33 (1) In this section, "abuse" and "neglect" have the same meaning as in the Adult Guardianship Act.

(2) Any person may make a report to the Public Guardian and Trustee if the person has reason to believe that

(a) a person is, or was at the time, incapable of making, changing or revoking an enduring power of attorney, or

(b) an attorney is

(i) abusing or neglecting the person for whom the attorney is acting,

(ii) incapable of acting as an attorney, or

(iii) otherwise failing to comply with an enduring power of attorney or with the duties of an attorney.

(3) If a person makes a report, the Public Guardian and Trustee must promptly review the report and may do one or more of the following:

(a) conduct an investigation to determine the validity of the report and, if an investigation is conducted, the Public Guardian and Trustee may advise the person who made the report of the outcome;

(b) apply to the Supreme Court for an order described in section 35;

(c) advise the person who made the report that the person may apply to the Supreme Court for an order described in section 35, as applicable;

(d) make a report under section 46 [reporting abuse or neglect] of the Adult Guardianship Act;

(e) apply for a guardianship order under the Adult Guardianship Act, or take steps to become a statutory property guardian under that Act;

(f) take no action, or take any action that the Public Guardian and Trustee considers necessary.

(4) Unless the person acts falsely and maliciously, no action for damages may be brought against a person for

(a) making a report to the Public Guardian and Trustee under this section, or

(b) assisting in an investigation conducted by the Public Guardian and Trustee under this Act.

Investigations by Public Guardian and Trustee

34 (1) If the Public Guardian and Trustee has reason to believe that any of the circumstances set out in section 33 (2) [reporting to Public Guardian and Trustee] exist, the Public Guardian and Trustee may conduct an investigation, regardless of whether a report has been made under that section.

(2) After conducting an investigation, the Public Guardian and Trustee may do anything set out in section 33 (3) (b) to (f).

Court directions and orders

35 (1) On application by an attorney, the Supreme Court may

(a) give directions respecting the scope of an attorney's powers and duties, and

(b) make an order directing a person to release information to the attorney for the purpose of allowing the attorney to exercise the attorney's authority under this Act.

(2) On application by a person, the Supreme Court may make an order that another person release information to the applicant if the Supreme Court considers that the information is necessary to determine the incapability of an adult who is making, or who has made, an enduring power of attorney.

(3) On application by the Public Guardian and Trustee or an attorney, the Supreme Court may make an order that an enduring power of attorney is valid despite a defect in the signing of the enduring power of attorney.

(4) On application by the Public Guardian and Trustee, the Supreme Court may make any order that the Supreme Court considers necessary to assist the Public Guardian and Trustee in carrying out the Public Guardian and Trustee's duties and powers under this Act, including an order directing a person to release information to the Public Guardian and Trustee for purposes of an investigation.

(5) On application by the Public Guardian and Trustee or a person who made a report to the Public Guardian and Trustee under section 33, the Supreme Court may make any order that the Supreme Court considers necessary, including an order

(a) to confirm a change to, or the revocation of, an enduring power of attorney,

(b) to end all or part of an enduring power of attorney, or

(c) if the order concerns a matter described in section 33 (2) (a), that

(i) the enduring power of attorney and all actions done under it are void, or

(ii) the enduring power of attorney is ended, but any action done under it before it was ended is not void.

(6) When making an order under subsection (5), the Supreme Court must consider the wishes, instructions, beliefs and values of the adult who made the enduring power of attorney, and must not make a contrary order unless

(a) the adult is incapable, and

(b) the order is in the best interests of the adult.

(7) The costs of an application to the Supreme Court are at the discretion of the Supreme Court, and the Supreme Court may order that all or part of those costs be paid from the property of the adult who made the enduring power of attorney.

Supreme Court jurisdiction

36 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 Supreme Court to exercise that jurisdiction.

Division 3 -- General

Extraprovincial powers of attorney

37 (1) A power of attorney that applies or continues to apply when an adult is incapable that was made in a jurisdiction outside British Columbia is deemed to be an enduring power of attorney made under this Act if

(a) the making, signing and content of the power of attorney comply with this Act or the law of the jurisdiction in which it was made, and

(b) the jurisdiction in which it was made is a prescribed jurisdiction for the purposes of this section.

(2) If a power of attorney described in subsection (1) includes an authorization that is prohibited by law in British Columbia, the authorization is not valid in British Columbia and must be severed from the power of attorney.

Offence Act does not apply

38 Section 5 of the Offence Act does not apply to Parts 2 or 3, or the regulations.

Conflict with representation agreement

39 If any provision, respecting an adult's financial affairs, of a representation agreement made by an adult under the Representation Agreement Act is inconsistent with, or in conflict with, a provision of an enduring power of attorney made by the adult, the inconsistency or conflict is to be resolved in favour of the provision in the enduring power of attorney.

Power to make regulations

40 (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) prescribing matters for the purposes of section 12 (h);

(b) respecting records that must be kept by attorneys;

(c) respecting the value of gifts or loans, or charitable gifts, that may be made by an attorney under section 20 [attorney's powers], expressed in any form, including as a percentage of net income, and including setting different values for different classes of gifts, loans and charitable gifts;

(d) prescribing offences for the purposes of section 28 (2) (d) (v);

(e) prescribing jurisdictions for the purpose of section 37 [extraprovincial powers of attorney];

(f) defining words and expressions used but not defined in this Act.

(3) The minister may publish forms that may be used in the making of an enduring power of attorney, but it is not necessary for an adult to use a published form for an enduring power of attorney to be valid.

Transitional -- Enduring powers of attorney
made before Parts 2 and 3 enacted

41 (1) An enduring power of attorney that was validly made under section 8 before the repeal of that section by the Adult Guardianship and Planning Statutes Amendment Act, 2006, is deemed to be an enduring power of attorney made under Part 2.

(2) If an enduring power of attorney that was validly made under section 8 before the repeal of that section by the Adult Guardianship and Planning Statutes Amendment Act, 2006, contains an authorization that is permitted under that section but would not otherwise be permitted under Part 2, the authorization continues to be valid.

36 Forms 1 and 2 of the Schedule are amended by striking out everything after "I can lawfully do by an attorney." and before "This power of attorney is subject".

 
Representation Agreement Act

37 Section 1 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by repealing the definition of "representation agreement" and substituting the following:

"representation agreement" means an agreement made under section 7 or 9; .

38 Section 2 (a) is amended by adding "routine" before "financial affairs".

39 Section 3 (1) (b) is amended by striking out "financial affairs, business and assets" and substituting "routine financial affairs".

40 Section 5 is amended

(a) by repealing subsection (1) (a) and substituting the following:

(a) an individual who is 19 years of age or older, other than an individual who provides personal care or health care services to the adult for compensation; ,

(b) by adding the following subsection:

(1.1) Despite subsection (1) (a), a spouse or close relative of the adult who receives compensation for providing personal care or health care services to the adult for compensation may be named as a representative. , and

(c) by repealing subsection (4) and substituting the following:

(4) A representation agreement made under section 7 is invalid unless each representative completes a certificate in the prescribed form.

41 Section 7 (1) is amended by adding "made under this section," after "In a representation agreement".

42 Section 8 (1) (b) is amended by striking out "financial affairs, business or assets" and substituting "routine financial affairs".

43 Section 9 is amended

(a) in subsection (1) by striking out "In a representation agreement, an adult may also authorize" and substituting "In a representation agreement made under this section, an adult may authorize",

(b) in subsection (1) by repealing paragraphs (d), (f) and (g) and substituting the following paragraphs:

(d) make decisions about major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act, and give consent to specified kinds of health care, including one or more of the types of health care prescribed under section 34 (2) (f) of that Act;

(e.1) make decisions about the adult's personal care, including, for example, where and with whom the adult is to reside;

(f) make arrangements for the temporary care and education of the adult's minor children; , and

(c) by repealing subsection (2).

44 Section 10 is amended by striking out "nature of the authority and the effect of giving it to the representative." and substituting "nature and consequences of the proposed agreement."

45 Section 12 (1) is amended by adding "or" at the end of paragraph (a), by striking out "or" at the end of paragraph (b) and by repealing paragraph (c).

46 Section 13 is amended

(a) by repealing subsection (1.1) (b) and substituting the following:

(b) in the case of a representation agreement made under section 7, all certificates required under this section and sections 5 and 6 are completed. ,

(b) by repealing subsection (3.02) and substituting the following:

(3.02) Only one witness is required if that witness is a practising member of the Law Society of British Columbia or a member of the Society of Notaries Public of British Columbia. ,

(c) by repealing subsection (3.1), and

(d) by repealing subsection (6) and substituting the following:

(6) A witness to a representation agreement made under section 7, or signed under subsection (4) of this section, must complete a certificate in the prescribed form.

47 Section 16 (9) is amended by striking out "or 9 (1) (g)".

48 Section 21 (3) (a) is amended by striking out "or 9 (1) (g)".

49 Section 23 (1) is amended by striking out "to the adult's financial affairs, business or assets." and substituting "arising from the management of the adult's routine financial affairs."

50 Section 26 (1) (c) is amended

(a) by striking out "one of the following conditions is met:",

(b) by renumbering subparagraph (i) as paragraph (c), and

(c) by repealing subparagraph (ii).

51 Section 28 (1) is amended

(a) in subsection (1) by striking out "or 9 (1) (g)", and

(b) by repealing paragraph (d) and substituting the following:

(d) if the provision is ended under section 12 (2) or 33 (5) of the Adult Guardianship Act.

52 Section 29 is amended

(a) by repealing subsection (1) (h) and substituting the following:

(h) if the representation agreement is ended under section 12 (2) of the Adult Guardianship Act, or, if the representation agreement contains only provisions in respect of financial affairs, under section 33 (5) of that Act. , and

(b) in subsection (1.1) by striking out "and" at the end of paragraph (a) and by repealing paragraph (b).

53 Section 30 (3) (g.2) is amended by striking out "or 9 (1) (g)".

54 Section 39 is amended

(a) by renumbering the section as section 39 (1), and

(b) by adding the following subsection:

(2) On the making of a representation agreement, an advance directive, as defined in the Health Care (Consent) and Care Facility (Admission) Act, made by the adult is ended and is to be treated as the adult's pre-expressed wishes.

55 Section 42 (2) is amended

(a) in paragraph (a) by striking out "9 (2) (a) (ii), 12 (1) (c), 26 (1) (c) (ii) and 29 (1.1) (b)," and substituting "12 (1) (c) and 26 (1) (c) (ii),", and

(b) by repealing paragraph (a.1) and substituting the following:

(a.1) respecting what constitutes "routine management of the adult's financial affairs" for the purposes of section 7 (1) (b), including regulations

(i) limiting, by type or monetary amount, or

(ii) modifying or supplementing

the matters listed in subparagraphs (i) to (iv) of that section; .

56 The following section is added:

Transitional -- Non-routine financial provisions
in representation agreements

44.2 (1) If a representation agreement made before the amendment of section 9 (1) (f) by the Adult Guardianship and Planning Statutes Amendment Act, 2006 authorized a representative to make financial support arrangements as described in that paragraph on an adult's behalf, the representative may continue to exercise that authority as described in the representation agreement.

(2) If a representation agreement made before the repeal of section 9 (1) (g) by the Adult Guardianship and Planning Statutes Amendment Act, 2006 authorized a representative to do on an adult's behalf any thing that can be done by an attorney acting under a power of attorney,

(a) the representative may continue to exercise the powers of an attorney as described in the representation agreement, and

(b) sections 16 (9), 21 (3) (a), 28 (1) and 30 (3) (g.2) of the Representation Agreement Act apply as if they had not been amended by the Adult Guardianship and Planning Statutes Amendment Act, 2006.

Part 3 -- Transition, Repeals and
Consequential Amendments

Transition

Transition -- Amendments to add dates of repeal

57 The Lieutenant Governor in Council may make regulations to amend the following transitional provisions to add the date on which a provision or Act referenced in the transitional provision was repealed or came into force:

(a) section 65 of the Adult Guardianship Act, as amended by section 18 of this Act;

(b) section 35.1 of the Health Care (Consent) and Care Facility (Admission) Act, as enacted by section 29 of this Act;

(c) section 41 of the Power of Attorney Act, as enacted by section 35 of this Act;

(d) section 44.2 of the Representation Agreement Act, as enacted by section 56 of this Act.

Repeals

 
Patients Property Act

58 The Patients Property Act, R.S.B.C. 1996, c. 349, is repealed.

Consequential Amendments

 
Adult Guardianship Statutes Amendment Act, 1999

59 Section 25 of the Adult Guardianship Statutes Amendment Act, 1999, S.B.C. 1999, c. 25, is repealed.

 
Assessment Act

60 The definition of "trustee" in section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is repealed and the following substituted:

"trustee" includes

(a) a statutory property guardian or property guardian under the Adult Guardianship Act,

(b) an attorney under Part 2 of the Power of Attorney Act,

(c) a representative who has been granted power over an adult's financial affairs under section 9 (1) (g) of the Representation Agreement Act before the repeal of that provision,

(d) a receiver, and

(e) any person having or taking on the possession, administration or control of property affected by any express trust, or having, by law, the possession, management or control of the property of a person under a legal disability; .

 
Community Care and Assisted Living Act

61 Section 18 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended

(a) in subsection (1) by repealing paragraph (d) of the definition of "personal representative" and substituting the following:

(d) an attorney under Part 1 or 2 of the Power of Attorney Act;

(e) a statutory property guardian or guardian under the Adult Guardianship Act. ,

(b) by repealing subsection (3) (c) and (d) and substituting the following:

(c) act under the authority of a power of attorney or enduring power of attorney under the Power of Attorney Act, granted to the licensee by a person in care;

(d) act as a personal representative of the estate of a person in care or formerly in care, unless the licensee is a child, parent or spouse of the person in care or formerly in care; , and

(c) by repealing subsection (5) and substituting the following:

(5) A power of attorney or enduring power of attorney as described in subsection (3) (c), or a disposition made under either of them, is void unless

(a) the licensee is a child, parent or spouse of the person in care, or

(b) the Public Guardian and Trustee consents in writing to the power of attorney, the enduring power of attorney, or the disposition.

 
Court Rules Act

62 Section 1 (2) (f) of the Court Rules Act, R.S.B.C. 1996, c. 80, is repealed and the following substituted:

(f) all matters arising under the Adult Guardianship Act, the Infants Act, Part 1, the Land Title Inquiry Act, Parts 2 and 3 of the Power of Attorney Act, and the Wills Variation Act.

 
Credit Union Incorporation Act

63 Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended in the definition of "trust business" by repealing paragraphs (c) and (d) and substituting the following:

(c) statutory property guardian or property guardian under the Adult Guardianship Act;

(d) attorney under Part 2 of the Power of Attorney Act;

(e) representative granted power over an adult's financial affairs under

(i) section 7 (1) (b) of the Representation Agreement Act, or

(ii) section 9 (1) (g) of the Representation Agreement Act, before the repeal of that provision.

 
Estate Administration Act

64 The Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by adding the following section:

No ademption for disposition by guardian

67.2 (1) If property that is subject to a specific testamentary gift is disposed of by

(a) an attorney acting under Part 2 of the Power of Attorney Act,

(b) a statutory property guardian or property guardian acting under the Adult Guardianship Act, or

(c) a representative acting under

(i) section 7 (1) (b) of the Representation Agreement Act, or

(ii) section 9 (1) (g) of the Representation Agreement Act, if the representative was granted power over the testator's financial affairs under that provision before its repeal,

a person who would have acquired a right to the property on the death of the testator because of the testamentary gift is entitled to receive from the residue of the testator's estate the equivalent of a corresponding right in the proceeds of the disposition of the property, without interest.

(2) If the residue of the testator's estate is not sufficient to pay all entitlements under subsection (1) in full, the persons entitled under subsection (1) must share the residue in amounts proportional to the amounts to which they would otherwise have been entitled.

(3) Subsections (1) and (2) do not apply if

(a) the disposition is made to carry out the testator's instructions, given at a time when the testator was capable, or

(b) a contrary intention is expressed in the testator's will.

65 Section 112 is amended

(a) in subsection (5) by striking out "or a committee" and "or committee",

(b) in subsection (8.1) (b) by striking out "committee or", and

(c) by adding the following subsection:

(10) For the purposes of this section, "representative" means

(a) an attorney acting under Part 2 of the Power of Attorney Act,

(b) a statutory property guardian or property guardian acting under the Adult Guardianship Act, or

(c) a representative acting under

(i) section 7 (1) (b) of the Representation Agreement Act, or

(ii) section 9 (1) (g) of the Representation Agreement Act who was granted power over an adult's financial affairs before the repeal of that provision.

 
Expropriation Act

66 Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended in the definition of "owner" by repealing paragraph (b) and substituting the following:

(b) a statutory property guardian or property guardian under the Adult Guardianship Act,

(b.1) an attorney under Part 2 of the Power of Attorney Act,

(b.2) a representative who has power over an adult's financial affairs, granted under section 9 (1) (g) of the Representation Agreement Act before the repeal of that provision,

(b.3) a guardian, executor, administrator or trustee in whom land is vested, or .

 
Family Relations Act

67 Section 91 of the Family Relations Act, R.S.B.C. 1996, c. 128, is amended by adding the following subsections:

(2.3) An attorney may apply for an order under this Part on behalf of a parent described in section 90 of this Act, if the attorney is authorized to act for the parent by an enduring power of attorney made under the Power of Attorney Act.

(2.4) A statutory property guardian or a property guardian may apply for an order under this Part on behalf of a parent described in section 90 of this Act, if the statutory property guardian or property guardian is authorized to act for the parent under the Adult Guardianship Act.

 
Financial Institutions Act

68 Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended in the definition of "trust business" by repealing paragraphs (c) and (d) and substituting the following:

(c) statutory property guardian or property guardian under the Adult Guardianship Act,

(d) attorney under Part 2 of the Power of Attorney Act, or

(e) representative granted power over an adult's financial affairs under

(i) section 7 (1) (b) of the Representation Agreement Act, or

(ii) section 9 (1) (g) of the Representation Agreement Act, before the repeal of that provision, .

69 Section 73 (1) and (4) is amended by striking out "representative under the Representation Agreement Act, guardian or committee" and substituting "statutory property guardian or property guardian under the Adult Guardianship Act, attorney under Part 2 of the Power of Attorney Act or representative granted power over an adult's financial affairs under section 7 (1) (b) of the Representation Agreement Act, or section 9 (1) (g) of that Act before its repeal,".

 
Health Emergency Act

70 Section 11 of the Health Emergency Act, R.S.B.C. 1996, c. 182, is amended

(a) by renumbering the section as section 11 (1), and

(b) by adding the following subsection:

(2) An emergency medical assistant must not perform an emergency procedure under subsection (1) if the emergency medical assistant has reasonable grounds to believe that the person has made an advance directive, as defined in the Health Care (Consent) and Care Facility (Admission) Act, that refuses consent to the emergency procedure.

 
Home Owner Grant Act

71 Section 8 (2) and (2.1) of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is repealed and the following substituted:

(2) If an applicant is unable to apply, the application may be made by the applicant's

(a) statutory property guardian or property guardian under the Adult Guardianship Act,

(b) attorney under Part 2 of the Power of Attorney Act, or

(c) representative under the Representation Agreement Act, if the representative has power over the adult's financial affairs under

(i) section 7 (1) (b) of that Act, or

(ii) section 9 (1) (g) of that Act, granted before the repeal of that provision.

 
Insurance (Motor Vehicle) Act

72 Section 32 (1) and (1.1) of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed and the following substituted:

(1) A payment of benefits or insurance money for or on behalf of

(a) a minor, or

(b) an adult who is incapable of making decisions about the adult's financial affairs, business or property and does not have

(i) a statutory property guardian or property guardian under the Adult Guardianship Act,

(ii) an attorney under Part 2 of the Power of Attorney Act, or

(iii) a representative having power over the adult's financial affairs under

(A) section 7 (1) (b) of the Representation Agreement Act, or

(B) section 9 (1) (g) of the Representation Agreement Act, granted before the repeal of that provision,

must be made to the Public Guardian and Trustee, to be administered as the Public Guardian and Trustee considers advisable, and the Public Guardian and Trustee may make arrangements with other persons, societies or agencies for this purpose.

 
Insurance (Vehicle) Act

73 Section 92 (1) and (2) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed and the following substituted:

(1) A payment of insurance money for or on behalf of

(a) a minor, or

(b) an adult who is incapable of making decisions about the adult's financial affairs, business or property and does not have

(i) a statutory property guardian or property guardian under the Adult Guardianship Act,

(ii) an attorney under Part 2 of the Power of Attorney Act, or

(iii) a representative having power over the adult's financial affairs under

(A) section 7 (1) (b) of the Representation Agreement Act, or

(B) section 9 (1) (g) of the Representation Agreement Act, granted before the repeal of that provision,

must be made to the Public Guardian and Trustee, to be administered as the Public Guardian and Trustee considers advisable, and the Public Guardian and Trustee may make arrangements with other person, societies or agencies for this purpose.

 
Land Title Act

74 Sections 45 (1) (a) (ii) (A) and 46 (1) (a) (iv) (A) of the Land Title Act, R.S.B.C. 1996, c. 250, are amended by striking out "section 8 (1)" and substituting "Part 2".

75 Section 45 (1) (a) (ii) (B) is repealed and the following substituted:

(B) if the power of attorney is an enduring power of attorney under Part 2 of the Power of Attorney Act, the individual had, at that time, no knowledge of the suspension or end of his or her authority under section 28, 29, 34 or 35 of that Act,

(ii.1) each change to the authority of an attorney under an enduring power of attorney under Part 2 of the Power of Attorney Act has been filed with the registrar under this Act or a copy, certified under section 51 (4) as applied by section 51 (4.1) of this Act to be a true copy of those changes, has been filed, and .

76 Section 46 (1) (a) (iv) (B) is repealed and the following substituted:

(B) if the power of attorney is an enduring power of attorney under Part 2 of the Power of Attorney Act, the individual had, at that time, no knowledge of the suspension or end of the corporate attorney's authority under section 28, 29, 34 or 35 of that Act,

(iv.1) each change to the authority of an attorney under an enduring power of attorney under Part 2 of the Power of Attorney Act has been filed with the registrar under this Act or a copy, certified under section 51 (4) as applied by section 51 (4.1) of this Act to be a true copy of those changes, has been filed, and .

77 Section 47.1 is amended

(a) by repealing subsection (1) and substituting the following:

(1) If the representative was granted power over an adult's financial affairs under section 9 (1) (g) of the Representation Agreement Act before the repeal of that provision, this Part and section 51 apply to an instrument executed by the representative as though the representation agreement were an enduring power of attorney. , and

(b) by repealing subsection (3) (d) and (e) and substituting the following:

(d) no provision of the representation agreement affecting property is suspended or ended under section 12 of the Adult Guardianship Act, and

(e) any changes to the representation agreement affecting the authority given to a representative have been filed with the registrar under this Act or a copy, certified under section 51 (4) as applied by section 51 (4.1) of this Act to be a true copy of those changes, has been so filed.

78 Section 51 is amended

(a) in subsection (2.1) by striking out "representation agreement signed" and substituting "representation agreement granting a representative power over an adult's financial affairs under section 9 (1) (g) of the Representation Agreement Act, granted before the repeal of that provision and signed",

(b) by adding the following subsection:

(2.2) In the case of an enduring power of attorney signed under section 16 (3) of the Power of Attorney Act, the signature of the person signing the enduring power of attorney on behalf of the adult making the enduring power of attorney is deemed to be the adult's signature for the purposes of this Act. , and

(c) in subsections (4.1) and (6) by adding "and an enduring power of attorney" after "a representation agreement" wherever it appears.

79 Section 56 (3) is repealed and the following substituted:

(3) For the purpose of this Act, but subject to section 57 (1), an enduring power of attorney made under Part 2 of the Power of Attorney Act that is filed under section 51 of this Act remains valid, unless ended by another means, until an order appointing a property guardian under the Adult Guardianship Act is filed in the land title office.

80 Section 282 (2) and (2.1) is repealed and the following substituted:

(2) A statutory property guardian or a property guardian acting under the Adult Guardianship Act may lodge a caveat with the registrar if the statutory property guardian or property guardian certifies

(a) that he or she has the authority to act as statutory property guardian or property guardian under the Adult Guardianship Act, and

(b) that the land of the person for whom he or she is acting is or may be endangered.

(2.1) A representative acting under the Representation Agreement Act may lodge a caveat with the registrar if the representative certifies

(a) that the representative has been granted power over the adult's financial affairs under section 9 (1) (g) of the Representation Agreement Act before the repeal of that provision, and

(b) that the land of the person for whom the representative is acting is or may be endangered.

(2.2) An attorney acting under Part 2 of the Power of Attorney Act may lodge a caveat with the registrar if the attorney certifies

(a) that the attorney has the authority to act as attorney under Part 2 of the Power of Attorney Act, and

(b) that the land of the person for whom the attorney is acting is or may be endangered.

 
Legal Profession Act

81 Section 35 of the Legal Profession Act, S.B.C. 1998, c. 9, is amended

(a) in paragraph (c) by striking out "decision maker" and substituting "statutory property guardian", and

(b) by adding the following paragraph:

(c.1) an attorney under Part 2 of the Power of Attorney Act; .

82 Section 50 (6) (g) is amended

(a) in subparagraph (iii) by striking out "decision maker" and substituting "statutory property guardian", and

(b) by adding the following subparagraph:

(iii.1) an attorney under Part 2 of the Power of Attorney Act; .

 
Limitation Act

83 Section 7 (1) (b) of the Limitation Act, R.S.B.C. 1996, c. 266, is amended by striking out "committee appointed under the Patients Property Act." and substituting "a statutory property guardian or a property guardian acting under the Adult Guardianship Act."

 
Mental Health Act

84 Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended

(a) in the definition of "director" by striking out "or the Patients Property Act", and

(b) by repealing the definition of "near relative" and substituting the following:

"near relative" means a grandparent, parent, son, daughter, spouse, sibling, half brother or half sister, friend, caregiver or companion designated by the patient, and includes

(a) the legal guardian of a minor,

(b) a personal guardian appointed under the Adult Guardianship Act, and

(c) a representative under a representation agreement made under the Representation Agreement Act; .

85 Section 11 (1) and (2) is amended by striking out "guardian, committee" and substituting "statutory property guardian or property guardian under the Adult Guardianship Act".

 
Mineral Tax Act

86 Section 12 (5) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by striking out "or committee" and substituting ", statutory property guardian or property guardian".

 
Notaries Act

87 Section 18 of the Notaries Act, R.S.B.C. 1996, c. 334, is amended by repealing paragraph (e.1) and substituting the following:

(e.1) draw instruments for the purposes of the Representation Agreement Act;

(e.2) draw instruments relating to health care for the purposes of making advance directives, as defined in the Health Care (Consent) and Care Facility (Admission) Act;

(e.3) draw instruments for the purposes of the Power of Attorney Act; .

 
Partition of Property Act

88 Section 9 (1) of the Partition of Property Act, R.S.B.C. 1996, c. 347, is repealed and the following substituted:

(1) In a proceeding for partition, a request for sale may be made or an undertaking to purchase given on the part of an infant, of an adult who is incapable of making decisions relating to the adult's financial affairs or of a person under any other disability, by

(a) the infant's next friend or guardian,

(b) the adult's statutory property guardian under the Adult Guardianship Act,

(c) the adult's property guardian under the Adult Guardianship Act, if authorized to do so by the court,

(d) the adult's attorney under an enduring power of attorney, or

(e) the adult's representative, if the representative was granted power over the adult's financial affairs under section 9 (1) (g) of the Representation Agreement Act before the repeal of that provision.

 
Partnership Act

89 Section 38 (1) (a) of the Partnership Act, R.S.B.C. 1996, c. 348, is amended by striking out "Patients Property Act" and substituting "Adult Guardianship Act".

 
Personal Property Security Act

90 Section 1 (1) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is amended by repealing the definition of "creditor" and substituting the following:

"creditor" includes an assignee for the benefit of a creditor, an executor or administrator of a creditor, or a statutory property guardian or property guardian acting under the Adult Guardianship Act on behalf of a creditor; .

 
Property Law Act

91 Section 27.1 of the Property Law Act, R.S.B.C. 1996, c. 377, is repealed and the following substituted:

Validity of sale, transfer or charge
by attorney to self

27.1 (1) In this section:

"agreement" means

(a) in respect of an attorney, an enduring power of attorney made under Part 2 of the Power of Attorney Act, and

(b) in respect of a representative, a representation agreement made under the Representation Agreement Act;

"attorney" means a person named in an enduring power of attorney as an attorney;

"representative" means a person named in a representation agreement who has been granted power over all of an adult's financial affairs under section 9 (1) (g) of the Representation Agreement Act before the repeal of that provision.

(2) A sale, transfer or charge to or in favour of an attorney or representative by the attorney or representative of land owned by the adult who made an agreement and purporting to be made under the agreement is not valid unless the sale, transfer or charge is expressly authorized by that agreement.

 
Public Guardian and Trustee Act

92 Section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended

(a) by repealing the definitions of "decision maker" and "guardian", and

(b) by adding the following definitions:

"enduring power of attorney" means an enduring power of attorney made under Part 2 of the Power of Attorney Act;

"guardian" means, except in sections 7 and 8, a statutory property guardian or guardian under the Adult Guardianship Act;

"power of attorney" means a power of attorney made under Part 1 of the Power of Attorney Act;

"representative" means a representative authorized to act under a representation agreement; .

93 Section 5 (1) (a) is amended by striking out "including the Adult Guardianship Act, the Health Care (Consent) and Care Facility (Admission) Act and the Representation Agreement Act,".

94 Section 6 is amended

(a) in paragraph (b) by repealing subparagraph (iii) and substituting the following:

(iii) by a court,

(iv) by a statute, and

(v) by agreement of the Public Guardian and Trustee, and , and

(b) in paragraph (c) by striking out "a power of attorney." and substituting "a power of attorney or an enduring power of attorney."

95 Section 17 is amended

(a) in subsection (1) by striking out "decision maker or" wherever it appears,

(b) in subsection (1) by adding the following paragraph:

(a.1) an adult who does not have an attorney under an enduring power of attorney, a guardian or a representative, but who is apparently abused or neglected, as defined in the Adult Guardianship Act, ,

(c) by repealing subsection (1) (b) and substituting the following:

(b) 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, ,

(d) in subsections (1) (c) and (2) (a) by striking out "under a representation agreement",

(e) in subsection (2) (b) by striking out "decision maker or",

(f) in subsection (2) by striking out ", decision maker", and

(g) by adding the following subsection:

(3) Despite the Freedom of Information and Protection of Privacy Act, the Public Guardian and Trustee must not disclose or be compelled to disclose the identity of a person who makes a report resulting in an investigation or audit under this section.

96 Section 18 is amended

(a) in subsection (2) by striking out ", decision maker" wherever it appears,

(b) in subsection (2) (a) by adding ", including any report or information relevant to the incapability of an adult" after "the investigation or audit", and

(c) in subsection (2) (b) (ii) by adding ", including any report or information relevant to the incapability of an adult" after "health care records".

97 Section 19 is amended

(a) by repealing subsection (2) (b) and substituting the following:

(b) direct any source of income for the young person or the adult to send the income to the Public Guardian and Trustee or to a person named by the Public Guardian and Trustee

(i) to be held in trust for the young person or adult, or

(ii) to be used to protect or maintain the health or safety of the young person or adult; ,

(b) in subsection (3) by striking out "7 days" and substituting "30 days", and

(c) by adding the following subsection:

(4) A step taken under subsection (2) may be renewed, but

(a) a renewal period must not be for more than 30 days, and

(b) the step taken must not continue for longer than a total of 90 days.

Repeals in this Act

98 Sections 72 and 73 of this Act may be repealed by regulation of the Lieutenant Governor in Council.

Commencement

99 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Adult Guardianship Act

SECTION 1: [Adult Guardianship Act, section 1] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 2: [Adult Guardianship Act, section 2] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 3: [Adult Guardianship Act, section 3] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 4: [Adult Guardianship Act, Part 2] repeals Part 2 and

• replaces Part 2 (which replaces the Patients Property Act) to allow the court to make a guardianship order that would allow a person to make decisions on behalf of an incapable adult, respecting the adult's personal and health care affairs, financial affairs or both, and includes
• the circumstances in which a guardian may be appointed,
• who may be appointed, and the powers and duties of a guardian, and
• the circumstances in which an order for guardianship may be reviewed, suspended and brought to an end;
• enacts Part 2.1 to allow the Public Guardian and Trustee to assume statutory property guardianship of an incapable adult's financial affairs without an order of the court.

SECTION 5: [Adult Guardianship Act, section 44.1] is consequential to the repeal of the Patients Property Act.

SECTION 6: [Adult Guardianship Act, section 45] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 7: [Adult Guardianship Act, section 46] clarifies that a person must not disclose the identity of a person who makes a report of abuse or neglect of an adult, despite any provision of the Freedom of Information and Protection of Privacy Act or the Personal Information Protection Act that might otherwise enable or require that disclosure.

SECTION 8: [Adult Guardianship Act, section 47] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 9: [Adult Guardianship Act, section 48] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 10: [Adult Guardianship Act, section 51]

• lengthens the time for which the court may make an interim order to protect an adult, and provides that an interim order may be made without notice if necessary for the immediate protection of the adult;
• is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 11: [Adult Guardianship Act, section 54]

• exempts an application for provision of services to an adult who is apparently abused or neglected from being accompanied by an assessment report where the court is making an order to protect an adult from an abuser;
• is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 12: [Adult Guardianship Act, section 56]

• lengthens the period for which the court may make or renew an order respecting provision of services to an adult who is apparently abused or neglected;
• is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 13: [Adult Guardianship Act, section 57] lengthens the period for which the court may make or renew an order respecting provision of services to an adult who is apparently abused or neglected.

SECTION 14: [Adult Guardianship Act, section 59] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 15: [Adult Guardianship Act, section 60.2] sets out the circumstances when a disposition of property by an adult who may be incapable is voidable.

SECTION 16: [Adult Guardianship Act, section 61] is consequential to the repeal and replacement of Part 2 of the Act.

SECTION 17: [Adult Guardianship Act, sections 62, 62.1, 62.2, 62.3 and 63]

• adds qualified health care providers to provisions respecting getting and disclosing information;
• clarifies that the Supreme Court maintains its parens patriae jurisdiction, and provides that the court may give directions or give other orders on application by a guardian;
• permits the court to order that the cost of an application under Part 2 or 2.1 may be paid from the property of the adult who is the subject of the application;
• adds regulation making powers consequential to the repeal and replacement of Part 2 of the Act and the enactment of Part 2.1 of the Act.

SECTION 18: [Adult Guardianship Act, section 65] provides rules for the transition between the Patients Property Act to Part 2 of the Adult Guardianship Act.

 
Health Care (Consent) and Care Facility (Admission) Act

SECTION 19: [Health Care (Consent) and Care Facility (Admission) Act, section 1] is consequential to the repeal and replacement of Part 2 of the Adult Guardianship Act and amendments to the Act.

SECTION 20: [Health Care (Consent) and Care Facility (Admission) Act, section 9] provides that an adult may refuse consent to health care by means of an advance directive.

SECTION 21: [Health Care (Consent) and Care Facility (Admission) Act, sections 9.1 and 9.2] prohibits a health care provider from providing health care to an adult who has made an advance directive refusing the health care, unless the advance directive does not reflect the wishes of the adult, while capable, or is unclear.

SECTION 22: [Health Care (Consent) and Care Facility (Admission) Act, sections 11, 12, 12.2, 14 and 15] is consequential to the repeal and replacement of Part 2 of the Adult Guardianship Act.

SECTION 23: [Health Care (Consent) and Care Facility (Admission) Act, section 12] clarifies that health care must be withdrawn if a guardian, representative or substitute decision maker refuses consent for continued health care.

SECTION 24: [Health Care (Consent) and Care Facility (Admission) Act, section 12.1] clarifies that instructions respecting refusal of emergency health care can be expressed through an advance directive.

SECTION 25: [Health Care (Consent) and Care Facility (Admission) Act, section 16] adds persons who may be chosen as temporary substitute decision makers.

SECTION 26: [Health Care (Consent) and Care Facility (Admission) Act, section 17] is consequential to the repeal and replacement of Part 2 of the Adult Guardianship Act, and updates language respecting disclosure of information to be consistent with that Act.

SECTION 27: [Health Care (Consent) and Care Facility (Admission) Act, section 18] is consequential to the amendment to section 19 (2) of the Act.

SECTION 28: [Health Care (Consent) and Care Facility (Admission) Act, section 19] requires a temporary substitute decision maker to act in the adult's best interests if the adult's instructions or wishes are unknown.

SECTION 29: [Health Care (Consent) and Care Facility (Admission) Act, section 35.1] provides rules for the transition between written instructions respecting health care and advance directives.

SECTION 30: [Health Care (Consent) and Care Facility (Admission) Act, sections 14, 18, 21, 22, 23 and 26] amends not in force provisions, consequential to the enactment of the Supplements Repeal Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Power of Attorney Act

SECTION 31: [Power of Attorney Act, heading to Part 1] is consequential to the enactment of Parts 2 and 3 of the Act.

SECTION 32: [Power of Attorney Act, section 1] is consequential to the enactment of Parts 2 and 3 of the Act.

SECTION 33: [Power of Attorney Act, section 1.1] is consequential to the enactment of Parts 2 and 3 of the Act.

SECTION 34: [Power of Attorney Act, section 8] is consequential to the enactment of Parts 2 and 3 of the Act.

SECTION 35: [Power of Attorney Act, Parts 2 and 3] permits a capable adult to make a power of attorney, authorizing another person to make decisions on behalf of the adult respecting the adult's financial affairs, that continues after, or comes into effect when, the adult is incapable, and sets out

• what an enduring power of attorney may do and what it must not do;
• requirements respecting who may act as an attorney and an attorney's powers and duties;
• provisions respecting the operation of an enduring power of attorney;
• rules respecting the transition of enduring powers of attorney made under section 8 before the repeal of that section.

SECTION 36: [Power of Attorney Act, Schedule] is consequential to the enactment of Parts 2 and 3 of the Act.

 
Representation Agreement Act

SECTION 37: [Representation Agreement Act, section 1] is consequential to amendments to sections 7 and 9 of the Act.

SECTION 38: [Representation Agreement Act, section 2] is consequential to amendments to section 9 of the Act.

SECTION 39: [Representation Agreement Act, section 3] is consequential to amendments to section 9 of the Act.

SECTION 40: [Representation Agreement Act, section 5] narrows the category of persons who may act as a representative and removes a requirement for representatives and alternate representatives to sign certificates in respect of representation agreements made under section 9 of the Act.

SECTION 41: [Representation Agreement Act, section 7] clarifies that this provision applies only to representation agreements made under this section.

SECTION 42: [Representation Agreement Act, section 8] is consequential to amendments to section 9 of the Act.

SECTION 43: [Representation Agreement Act, section 9]

• clarifies that this provision applies only to representation agreements made under this section,
• removes the power of a representative to act in respect of the financial affairs of an incapable adult, and
• deletes requirements respecting consultation with a member of the Law Society of British Columbia or other prescribed persons.

SECTION 44: [Representation Agreement Act, section 10] streamlines language.

SECTION 45: [Representation Agreement Act, section 12] is consequential to amendments to section 9.

SECTION 46: [Representation Agreement Act, section 13]

• is consequential to amendments to section 9 of the Act,
• removes a requirement for persons signing a representation agreement made under section 9 of the Act on behalf of an adult, and witnesses to those agreements, to sign certificates, and
• provides that only one witness to an adult's signature is required for a representation agreement made under section 7 of the Act if the witness is a lawyer or notary, consistent with execution requirements in Part 2 of the Power of Attorney Act.

SECTIONS 47 TO 50: [Representation Agreement Act, sections 16, 21, 23 and 26] is consequential to amendments to section 9 of the Act.

SECTION 51: [Representation Agreement Act, section 28] is consequential to amendments to section 9 of the Act and to the repeal and replacement of Part 2 of the Adult Guardianship Act.

SECTION 52: [Representation Agreement Act, section 29] is consequential to the repeal and replacement of Part 2 of the Adult Guardianship Act.

SECTION 53: [Representation Agreement Act, section 30] is consequential to amendments to section 9 of the Act.

SECTION 54: [Representation Agreement Act, section 39] converts an advance directive to an adult's pre-expressed wishes if a representation agreement is made.

SECTION 54: [Representation Agreement Act, section 39 -- continued]

SECTION 55: [Representation Agreement Act, section 42] clarifies that a regulation respecting management of an adult's financial affairs may limit by type or monetary amount the matters for which a representative may make decisions.

SECTION 56: [Representation Agreement Act, section 44.2] provides transitional rules for representation agreements that provide representatives with the power to do anything that can be done by an attorney acting under a power of attorney, granted before that power was repealed.

SECTION 57: [Transition -- Non-routine financial provisions in representation agreements] permits the Lieutenant Governor in Council to amend transitional provisions to add the date on which a provision or an Act referenced in the transitional provision is repealed or comes into force.

 
Patients Property Act

SECTION 58: [Patients Property Act] is self-explanatory.

 
Adult Guardianship Statutes Amendment Act, 1999

SECTION 59: [Adult Guardianship Statutes Amendment Act, 1999, section 25] repeals a not in force provision, consequential to the enactment of Parts 2 and 3 of the Power of Attorney Act.

 
Assessment Act

SECTION 60: [Assessment Act, section 1] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, and the enactment of Parts 2 and 3 of the Power of Attorney Act.

 
Community Care and Assisted Living Act

SECTION 61: [Community Care and Assisted Living Act, section 18] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act and the enactment of Part 2 of the Power of Attorney Act.

 
Court Rules Act

SECTION 62: [Court Rules Act, section 1] is consequential to the repeal of the Patients Property Act and the enactment of Parts 2 and 3 of the Power of Attorney Act.

 
Credit Union Incorporation Act

SECTION 63: [Credit Union Incorporation Act, section 1] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Estate Administration Act

SECTION 64: [Estate Administration Act, section 67.2] provides for beneficiaries in the event that a testamentary gift is disposed of by a person acting on behalf of an adult.

SECTION 65: [Estate Administration Act, section 112] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Expropriation Act

SECTION 66: [Expropriation Act, section 1] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Family Relations Act

SECTION 67: [Family Relations Act, section 91] is consequential to the enactment of Part 2 of the Power of Attorney Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Financial Institutions Act

SECTION 68: [Financial Institutions Act, section 1] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

SECTION 69: [Financial Institutions Act, section 73] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Health Emergency Act

SECTION 70: [Health Emergency Act, section 11] provides that an emergency medical assistant must not provide emergency health care if there are reasonable grounds to believe that the person who is to receive the health care has made an advance directive refusing the health care.

 
Home Owner Grant Act

SECTION 71: [Home Owner Grant Act, section 8] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Insurance (Motor Vehicle) Act

SECTION 72: [Insurance (Motor Vehicle) Act, section 32] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Insurance (Vehicle) Act

SECTION 73: [Insurance (Vehicle) Act, section 92] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Land Title Act

SECTION 74: [Land Title Act, sections 45 and 46] is consequential to the enactment of Part 2 of the Power of Attorney Act.

SECTION 75: [Land Title Act, section 45] is consequential to the enactment of Part 2 of the Power of Attorney Act.

SECTION 76: [Land Title Act, section 46] is consequential to the enactment of Part 2 of the Power of Attorney Act.

SECTION 77: [Land Title Act, section 47.1] is consequential to amendments to the Representation Agreement Act.

SECTION 78: [Land Title Act, section 51] is consequential to the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

SECTION 79: [Land Title Act, section 56] is consequential to the enactment of Part 2 of the Power of Attorney Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

SECTION 80: [Land Title Act, section 282] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Legal Profession Act

SECTION 81: [Legal Profession Act, section 35] is consequential to the repeal and replacement of Part 2 of the Adult Guardianship Act and the enactment of Part 2 of the Power of Attorney Act.

SECTION 82: [Legal Profession Act, section 50] is consequential to the repeal and replacement of Part 2 of the Adult Guardianship Act and the enactment of Part 2 of the Power of Attorney Act.

 
Limitation Act

SECTION 83: [Limitation Act, section 7] is consequential to the repeal of the Patients Property Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Mental Health Act

SECTION 84: [Mental Health Act, section 1] is consequential to the repeal of the Patients Property Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

SECTION 85: [Mental Health Act, section 11] is consequential to the repeal of the Patients Property Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Mineral Tax Act

SECTION 86: [Mineral Tax Act, section 12] is consequential to the repeal of the Patients Property Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Notaries Act

SECTION 87: [Notaries Act, section 18] permits notaries to draw representation agreements, powers of attorney and advance directives.

 
Partition of Property Act

SECTION 88: [Partition of Property Act, section 9] is consequential to the repeal of the Patients Property Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Partnership Act

SECTION 89: [Partnership Act, section 38] is consequential to the repeal of the Patients Property Act.

 
Personal Property Security Act

SECTION 90: [Personal Property Security Act, section 1] is consequential to the repeal of the Patients Property Act and the repeal and replacement of Part 2 of the Adult Guardianship Act.

 
Property Law Act

SECTION 91: [Property Law Act, section 27.1] is consequential to the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

 
Public Guardian and Trustee Act

SECTION 92: [Public Guardian and Trustee Act, section 1] is consequential to the repeal of the Patients Property Act, the repeal and replacement of Part 2 of the Adult Guardianship Act, the enactment of Part 2 of the Power of Attorney Act and amendments to the Representation Agreement Act.

SECTION 93: [Public Guardian and Trustee Act, section 5] removes unnecessary references to other enactments.

SECTION 94: [Public Guardian and Trustee Act, section 6] is consequential to the enactment of Part 2 of the Power of Attorney Act and clarifies that the Public Guardian and Trustee may act as a trustee if appointed under a statute or by agreement.

SECTION 95: [Public Guardian and Trustee Act, section 17]

• is consequential to the enactment of Part 3 of the Power of Attorney Act and amendments to the Public Guardian and Trustee Act;
• adds protection against disclosure of the identity of persons who report financial abuse to the Public Guardian and Trustee.

SECTION 96: [Public Guardian and Trustee Act, section 18] is consequential to the enactment of Part 3 of the Power of Attorney Act and amendments to the Representation Agreement Act.

SECTION 97: [Public Guardian and Trustee Act, section 19] provides that the Public Guardian and Trustee may take steps to protect a young person or an adult who needs immediate protection for health and safety reasons, and lengthens the period for which the Public Guardian and Trustee may act under this section.

SECTION 98: [Repeals in this Act] permits the repeal of sections that may be inoperative.