Adult Guardianship Act (Part 3) Tools

(1) A designated agency, a qualified health care provider and the Public Guardian and Trustee have the right to all the information necessary to enable them to perform their duties, powers and functions under this Act.

(2) Any person who has custody or control of information that a designated agency, a qualified health care provider or the Public Guardian and Trustee is entitled to under subsection (1) must disclose that information to the designated agency, qualified health care provider or Public Guardian and Trustee, as applicable.

(3) This section overrides

(a) any claim of confidentiality or privilege, except a claim based on solicitor-client privilege, and

(b) any restriction in an enactment or the common law about the disclosure or confidentiality of information, except a restriction in section 51 of the Evidence Act.

(1) In conducting an investigation described in section 47 (3) (d), a designated agency must make every reasonable effort to interview the adult.

(2) In addition, the designated agency may

(a) interview the adult’s spouse, the adult’s near relatives, the adult’s friends or anyone else who may assist in the investigation, and

(b) obtain any information that the circumstances require, including a report from

(i) a health care provider who has examined the adult,

(ii) any agency that provides or has provided health or social services to the adult, and

(iii) any person that manages the adult’s financial affairs.

(3) Section 62 applies to information referred to in subsection (2) (b).

(3) If an application for a court order will result in a delay that could result in harm to the adult, a justice of the peace may issue a warrant authorizing someone from the designated agency to enter the premises and interview the adult.

On application under subsection (1), the court may make an order authorizing either or both of the following:

(a) someone from the designated agency to enter the premises and interview the adult;

(b) a health care provider, as defined in the Health Care (Consent) and Care Facility (Admission) Act, to enter the premises to examine the adult to determine whether health care should be provided.

(1) On hearing the application for the provision of services to the adult, the court must consider whether or not the adult

(a) is abused or neglected,

(b) is unable to seek support and assistance because of an illness, disease, injury or other condition that affects his or her ability to make decisions about the abuse or neglect, and

(c) needs and would benefit from the services proposed in the support and assistance plan.

(2) When considering the things referred to in subsection (1), the court must take into account the information in the documents mentioned in section 54 (3).

(3) If the court is satisfied about the matters set out in subsection (1), the court may

(a) make an order for the provision of support and assistance to the adult without his or her consent,

(b) make an order under Part 7 of the Family Law Act for the support of the adult,

(c) order a person the court finds has abused the adult

(i) to stop residing at and stay away from the premises where the adult lives, unless the person is the owner or lessee of the premises,

(ii) not to visit, communicate with, harass or interfere with the adult,

(iii) not to have any contact or association with the adult or the adult’s financial affairs, or

(iv) to comply with any other restriction of relations with the adult,

(d) order a person the court finds has abused or neglected the adult to pay for or contribute towards, the adult’s maintenance or services to be provided for the adult, or

(e) make any other order the court thinks is appropriate and in the best interests of the adult.

(4) In an order under subsection (3) (a), the court must specify the kinds of support and assistance that are to be provided for the adult, including any of the following:

(a) admission to an available care facility, hospital or another facility for a specified period of up to one year;

(b) the provision of available health care;

(c) the provision of available social, recreational, educational, vocational or other similar services;

(d) supervised residence in a care home, the adult’s home or some other person’s home, for a specified period of up to one year;

(e) the provision, for a specified period of up to one year, of available services to ensure that the adult’s financial affairs are properly managed and protected, including any services that may be offered by the Public Guardian and Trustee.

(5) In an order made under this section, the court must choose the most effective, but the least restrictive and intrusive, way of providing support and assistance.

(6) If an order is made under this section, the designated agency must serve a copy of the order on the persons who were served with the application under section 54 (2).

(7) An order made under subsection (3) (a) terminates one year after it is made or on an earlier date specified by the court.

(1) A person from a designated agency may do anything referred to in subsection (2) without the adult’s agreement if

(a) the adult is apparently abused or neglected,

(b) it is necessary, in the opinion of the person from the designated agency, to act without delay in order to

(i) preserve the adult’s life,

(ii) prevent serious physical or mental harm to the adult, or

(iii) protect the adult’s property from significant damage or loss, and

(c) the adult is apparently incapable of giving or refusing consent.

(2) In the circumstances described in subsection (1), the designated agency may do one or more of the following:

(a) enter, without a court order or a warrant, any premises where the adult may be located and use any reasonable force that may be necessary in the circumstances;

(b) remove the adult from the premises and convey him or her to a safe place;

(c) provide the adult with emergency health care;

(d) inform the Public Guardian and Trustee that the adult’s financial affairs need immediate protection;

(e) take any other emergency measure that is necessary to protect the adult from harm.

(3) After providing the adult with the assistance and services mentioned in subsection (2), the designated agency may conduct investigations under sections 48 and 49.

(1) After conducting an investigation described in section 47 (3) (d), the designated agency may do one or more of the following:

(a) take no further action;

(b) refer the adult to available health care, social, legal, accommodation or other services;

(c) report the case to the Public Guardian and Trustee or another agency;

(d) [Repealed 2007-34-10.]

(e) apply to the court for an interim order requiring a person

(i) to stop residing at and stay away from the premises where the adult lives, unless the person is the owner or lessee of the premises,

(ii) not to visit, communicate with, harass or interfere with the adult,

(iii) not to have any contact or association with the adult or the adult’s financial affairs, or

(iv) to comply with any other restriction of relations with the adult,

for a period of up to 90 days;

(f) apply to the court for an order under Part 7 of the Family Law Act for the support of the adult;

(g) prepare a support and assistance plan that specifies any services needed by the adult, including health care, accommodation, social, legal or financial services.

(2) An order may be made under subsection (1) (e) without notice to the adult or a person against whom the order is sought if there are reasonable grounds for believing that proceeding without notice is necessary for the immediate protection of the adult.

(3) On application under subsection (1) (e), the court may make an interim order described in that subsection if the designated agency establishes that there is a reason to believe

(a) the person has abused the adult, and

(b) the adult is unable, for any of the reasons mentioned in section 44 (c), to seek support and assistance.