Victoria – Provincial Ombudsperson Kim Carter released today her latest report No Longer Your Decision: British Columbia’s Process for Appointing the Public Guardian and Trustee to Manage the Financial Affairs of Incapable Adults. According to the report, vulnerable adults can lose the right to make financial and legal decisions for themselves if a health authority issues a certificate of incapability under a law that is outdated and through a process that does not provide adequate procedural protection.

“Adult guardianship is an important protective system in our province and the current process fails to meet the requirements of a fair and reasonable procedure”, says B.C.’s Ombudsperson Kim Carter. “Through this report we looked at what needs to be done to ensure that the current process is changed to acknowledge the inherent autonomy of an adult and respect their rights.” The investigation focussed on the process of issuing certificates of incapability which result in the Public Guardian and Trustee of British Columbia assuming control over an adult’s financial and legal decision making. Declining health, accidents and aging can make it more difficult for people to make important decisions. People who have not planned ahead or do not have someone to act on their behalf can end up having these types of decisions made for them by a provincial agency.

“I am pleased that many of the recommendations have been accepted by the Public Guardian and Trustee, Ministry of Health and the health authorities”, says Carter. “It is, however, the acceptance of 11 of the 14 recommendations for regulatory or legislative change made to the Ministry of Justice and its commitment to implementing those changes by or before July 1, 2014, that allows me to be cautiously optimistic that what has been a very long wait for a modern, procedurally fair adult guardianship process may finally be coming to an end.”

The Ombudsperson made 21 findings and 28 recommendations aimed at improving Public Guardian and Trustee and health authority practice, establishing provincial training for staff and legally binding minimum requirements.

Recommendations made to authorities:

• Health authorities – five recommendations made; five accepted
• Public Guardian and Trustee – seven recommendation made; five accepted, one accepted in part; one not accepted
• Ministry of Health – two recommendations made; two accepted
• Ministry of Justice – 14 recommendations made; 12 accepted