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2006 Legislative Session: 2nd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE WALLY OPPAL

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR MULTICULTURALISM

BILL 32 – 2006

ADULT GUARDIANSHIP AND PERSONAL

PLANNING STATUTES AMENDMENT ACT, 2006

Continued

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

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

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

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

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

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

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

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.

Copyright (c) 2006: Queen's Printer, Victoria, British Columbia, Canada