Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2010 O'Toole, John — Bill 113 (39th Parliament, 2nd Session)

Bill 113, 39-2

Ontario — Bills

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Bill 113, Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2010

O'Toole, John

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[39] Bill 113 Original (PDF)

Bill 113 2010

An Act to amend

the Substitute Decisions Act, 1992 with respect to powers of attorney

Note:

This Act amends the Substitute

Decisions Act, 1992 . For the legislative history of the Act, see

the Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:`

(1) Section 10 of the Substitute Decisions Act, 1992

is amended by adding the following subsection:

One relative

(3) In addition to the restrictions in subsection (2),

only one of the witnesses may be a relative of the grantor.

(2) Subsection 10 (4) of the Act is

amended by striking out "subsections (1) and (2)" and substituting "subsections

(1), (2) and (3)".

Part I of the Act is amended by adding the

following section:

Annual accounting

42.1

(1) An

attorney under a continuing power of attorney shall provide an annual accounting

of the following information to the Public Guardian and Trustee:

1. The

grantor's assets.

2. The

grantor's liabilities.

3. The

compensation taken by the attorney.

4. All

other prescribed information.

Form

(2) The annual accounting may include copies of any income

tax return filed by or on behalf of the grantor, any bank account records of

the grantor or any other prescribed document.

Confidentiality

(3) An attorney under a continuing power of attorney shall

not disclose any information contained in the annual accounting except,

(

a) as

required by subsection (1) or permitted by subsection (4); or

(

b) as required by a court order.

Disclosure

(4) Upon the request of the grantor, an attorney under a

continuing power of attorney shall give a copy of the annual accounting to the

grantor.

(1) Section 48 of the Act is

amended by adding the following subsection:

One relative

(3) In addition to the restrictions in subsection 10 (2),

only one of the witnesses may be a relative of the grantor.

(2) Subsection 48 (4) of the Act is

amended by striking out "subsections (1) and (2)" and substituting "subsections

(1), (2) and (3)".

4. The Act is amended by adding the following

Part:

Part ii.1

Register of attorneys

Register of attorneys

68.1

(1) The

Public Guardian and Trustee shall establish and maintain a register containing

the information received under subsections (2) and (3) of,

(

a) attorneys under continuing powers of attorney;

and

(

b) attorneys under powers of attorney for

personal care.

Information

(2) After executing a continuing power of attorney or a

power of attorney for personal care, the grantor may forward the following

information to the Public Guardian and Trustee:

1. The name and address of the

grantor.

2. The name, address and

telephone number of the grantor's attorney under a continuing power of attorney,

if any, and the grantor's attorney under a power of attorney for personal care,

if any.

3. For each attorney mentioned

in paragraph 2,

i. the restrictions, if any, on the

attorney's authority, and

ii. the date that the attorney's

authority took effect.

4. The names of the persons or

groups of persons to whom the grantor, in the power of attorney, authorizes the

Public Guardian and Trustee to disclose information under paragraph 5 of

subsection (5).

Update by attorney

(3) An attorney under a continuing power of attorney or a

power of attorney for personal care shall promptly notify the Public Guardian

and Trustee in writing of,

(

a) any change in the name or address of the

grantor; and

(

b) any change in the name, address or telephone

number of the attorney.

Update by P.G.T.

(4) The Public Guardian and Trustee shall update the

information contained in the register upon receiving new information under

subsection (2) or (3).

Disclosure of information

(5) The Public Guardian and Trustee shall disclose the

information contained in the register with respect to a power of attorney to

any of the following persons who request the information, if the person

identifies the grantor by name and pays the prescribed fee:

1. The grantor's spouse or

partner.

2. The grantor's children who

are at least 18 years old.

3. The grantor's parents.

4. The grantor's brothers and

sisters who are at least 18 years old.

5. Any person described in

paragraph 4 of subsection (2) if the grantor has forwarded the name of the

person to the Public Guardian and Trustee under that subsection.

Confidentiality

(6) The Public Guardian and Trustee shall not disclose any

information contained in the register except as authorized by subsection (5) or

as required by a court order.

Information to attorney

(7) The Public Guardian and Trustee shall inform every

attorney about whom information is kept in the register about,

(

a) the existence of the register;

(

b) the nature of the information kept in the register;

and

(

c) the circumstances, as set out in subsection

(5), under which information about the attorney may be disclosed to persons

under that subsection.

5. Subsection 90 (1) of the Act is amended by

adding the following clauses:

(e.5.1) prescribing information for the purpose of

paragraph 4 of subsection 42.1 (1);

(e.5.2) prescribing documents for the purpose of

subsection 42.1 (2);

(e.5.3) prescribing fees for the purpose of

subsection 68.1 (5);

Commencement

6. This Act comes into force on the day it

receives Royal Assent.

Short title

7. The

short title of this Act is the Protection of Vulnerable and

Elderly People from Abuse Act (Powers of Attorney), 2010 .

EXPLANATORY NOTE

The

Bill amends sections 10 and 48 of the Substitute Decisions Act, 1992 to

provide that only one of the witnesses to a continuing power of attorney for

property or a power of attorney for personal care may be a relative of the

grantor of the power of attorney.

The

Bill adds

section 42.1 to the Act, which requires an attorney under a

continuing power of attorney for property to provide an annual accounting of

information to the Public Guardian and Trustee and, if requested, to the

grantor. The information includes the grantor's assets, the grantor's

liabilities and the compensation taken by the attorney.

New

section 68.1 of the Act requires the Public Guardian and Trustee to establish

and maintain a register of attorneys under continuing powers of attorney for

property and under powers of attorney for personal care. The register contains

the following information if the grantor sends it to the Public Guardian and

Trustee: the name and address of the grantor, the name, address and telephone

number of the attorney, any restrictions on the attorney's authority, the date

the attorney's authority took effect and the persons to whom the grantor

authorizes the Public Guardian and Trustee to disclose information. The Public

Guardian and Trustee is required, on request and payment of the fee prescribed

by the regulations made under the Act, to disclose the information contained in

the register with respect to a power of attorney to specified members of the

grantor's family and the persons authorized in the power of attorney.

Date Bill stage Activity Committee

October 6, 2010

First Reading

Carried

Debates and Progress

First Reading

October 6, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 113

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Substitute Decisions Act, 1992

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 113, 39-2
Type	bill
Volume / chapter	p39 s2 bill 113 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	42e01d5d580412cd88de753869a2ef8f66b734d0

Source file is stored in the law ingest library (html).