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B.C. Reg. 13/2000
O.C. 35/2000
Deposited January 28, 2000
effective February 28, 2000
This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here.

Adult Guardianship Act

Adult Guardianship
(Abuse and Neglect) Regulation

Contents
1 Definitions
2 Arranging for assessment of incapability
3 How incapability is assessed
4 Duty to consult
5 Presence of adult's spouse, near relative or friend
6 Notifying others of outcome of assessment
Form 1

Definitions

1In this regulation:

"Act" means the Adult Guardianship Act;

"assessment" means an assessment of whether an adult is incapable of deciding not to accept the services proposed in a support and assistance plan;

"assessor" means a person authorized by the Public Guardian and Trustee to do assessments;

"designated agency" means a public body, organization or person designated by regulation of the Public Guardian and Trustee for the purposes of Part 3 of the Act;

"Practice Guidelines for Incapability Assessment" means the guidelines approved by the Public Guardian and Trustee for the purposes of this regulation and Part 3 of the Act;

"support and assistance plan" means a plan developed under section 51 (1) (g) of the Act;

"trust company" means a trust company, or extraprovincial trust corporation, authorized under the Financial Institutions Act to do trust business.

Arranging for assessment of incapability

2(1)  On being asked by a designated agency to arrange for an assessment, the Public Guardian and Trustee may arrange for the adult to be examined by

(a)a team of assessors, or

(b)one assessor if, because of geographic location or other special circumstances, it is not reasonable in the Public Guardian and Trustee's opinion to require a team of assessors.

(2)  The designated agency that asked for the assessment must

(a)allow an assessor to examine any records relevant to the assessment, and

(b)provide any other assistance that is requested by an assessor and is necessary for completing the assessment.

How incapability is assessed

3(1)  When an adult is being assessed, at least one assessor must inform the adult that an assessment is being done and must explain the purpose.

(2)  Each assessor must follow the Practice Guidelines for Incapability Assessment.

(3)  An assessor may undertake an assessment even if the adult consistently objects so long as the assessment can be accurately completed using observational information and information gathered from other sources.

(4)  When deciding whether the adult is incapable, an assessor must base the decision on whether the adult understands

(a)the services described in the support and assistance plan,

(b)why the services are being offered to the adult, and

(c)the consequences to the adult of not accepting the services.

Duty to consult

4(1)  In the course of an assessment, at least one assessor must consult with the persons specified in subsection (2) if

(a)the assessor has reason to believe that they can provide accurate information that is relevant to the assessment, and

(b)the conditions applicable under that subsection are met.

(2)  For the purposes of subsection (1), the following persons are specified:

(a)the adult's spouse, if the spouse has been in contact with the adult during the preceding 6 months and has no dispute with the adult;

(b)available near relatives and friends of the adult if they

(i)are at least 19 years of age,

(ii)have been in contact with the adult during the preceding 12 months, and

(iii)have no dispute with the adult;

(c)any person who has provided the adult with social services in the preceding 6 months;

(d)any person who has provided the adult with health care in the preceding 6 months.

(3)  An assessor must, in writing, list the persons with whom the assessor consulted under subsection (1) and record the extent to which they were consulted.

Presence of adult's spouse, near relative or friend

5Unless the adult objects, an assessor may allow the spouse, a near relative or a friend of the adult to be present during the assessment to help the assessor to communicate with the adult.

Notifying others of outcome of assessment

6On completing the assessment, the team of assessors, or, if there is only one assessor under section 2 (1) (b), that assessor, must, in writing, inform the following of the details and results of the assessment and must provide them with a completed copy of the incapability assessment report in Form 1:

(a)the adult;

(b)the adult's legal counsel;

(c)if present during the assessment, the adult's spouse, near relative or friend;

(d)the designated agency that asked for the assessment.

Form 1

Adult Guardianship Act

Section 53 (5) of the Act

INCAPABILITY ASSESSMENT REPORT

(This form to be completed by Authorized Assessors)

I/We, the assessors(s) named below, confirm that I/We have assessed whether ..................................................................[name of adult] is incapable of deciding not to accept the services proposed in a support and assistance plan prepared by ..................................................[name of designated agency].

Our assessment is that the adult named above is [tick the appropriate box]

Capable of deciding not to accept the services proposed in the support and assistance plan.

Not Capable of deciding not to accept the services proposed in the support and assistance plan.

The assessor(s) who conducted the assessment [attach extra sheets if necessary] are:

1 ..........................................................................................................................................................[name] ..........................................................................................................................................................[address] ......................................................[city] ...............................................[province] .......................[postal code]

......................................................[telephone number] ...............................................[fax number]

..............................................................................[signature] ...................................[date]

2 ..........................................................................................................................................................[name] ..........................................................................................................................................................[address] ......................................................[city] ...............................................[province] .......................[postal code]

......................................................[telephone number] ...............................................[fax number]

..............................................................................[signature] ...................................[date]

[Provisions of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, relevant to the enactment of this regulation: section 63]