On December 1, 2014, part 2.1 of the Adult Guardianship Act is coming into force. The updates provide new safeguards in the Certificate of Incapability process (under the Patients Property Act) for adults who are assessed as mentally incapable of managing their financial affairs and the Public Guardian and Trustee of BC becomes their statutory property guardian/committee of estate via a certificate issued by a health authority.
Note: These changes affect the certificate process only, not the court process for private committees under the Patients Property Act.
Changes outlined in the Act and Statutory Property Guardianship Regulation include:
- information that must be given to adults prior to being assessed for the purposes of a Certificate of Incapability
- a new test of incapability for financial decision making
- assessments of incapability being comprised of both medical and functional components with new forms
- formalized roles for qualified health-care providers to conduct the functional component of the assessment
- access to second assessments and reassessments
- revised responsibilities of health authority personnel responsible for deciding whether to issue certificates
There are a number of upcoming education opportunities for physicians and other allied health staff about the impact of these changes on their work. Dr. Martha Donnelly will be giving the following rounds in conjunction with contacts from health authorities and the Public Guardian and Trustee:
November 18, 2014
Geriatric Medicine Rounds
November 18, 2014
Geriatric Psychiatry Rounds
December 2, 2014
Regional Psychiatry Rounds
An online course and guide are also under development, which will be made available to physicians. Additional regional sessions are being planned in health authorities.