Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2011 O'Toole, John — Bill 21 (40th Parliament, 1st Session)

Bill 21, 40-1

Ontario — Bills

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Bill 21, Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2011

O'Toole, John

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[40] Bill 21 Original (PDF)

Bill 21 2011

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), 2011 .

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

December 6, 2011

First Reading

Carried

Debates and Progress

First Reading

December 6, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 21

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 21, 40-1
Type	bill
Volume / chapter	p40 s1 bill 21 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f91d342f520db4c6f536f85acabcd21c656ed34d

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