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)  If an adult refuses to participate in all or part of an assessment, the assessment may be performed using observational information and information gathered from other sources, if the assessor reasonably believes the assessment would be accurately completed by doing so.

(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.

[am. B.C. Reg. 13/2011, s. (a).]

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 of outcome of assessment

6On completing an assessment, the assessor or a member of the assessment team must

(a) advise the adult of the details and results of the assessment, and

(b) provide to the adult's legal counsel, the designated agency that asked for the assessment and, if present during the assessment, the adult's spouse, near relative or friend

(i)  written information respecting the details and results of the assessment, and

(ii)  a completed copy of the incapability assessment report in Form 1.

[en. B.C. Reg. 13/2011, s. (b).]