ROLE OF THE PUBLIC GUARDIAN AND

TRUSTEEPresentation to the Abbotsford Estate Planning

CouncilSeptember 21, 2016

Jennifer DavenportDeputy Public Guardian and Trustee

&Goran Todorovic

A/Manager, Assessment and Investigation Services and Health Care Decisions

Outline

1. Overview of the PGT2. Child and Youth Services (CYS)3. Estate and Personal Trust Services (EPTS)4. Services to Adults (STA)5. Assessment and Investigations

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Public Guardian and Trustee

Role is to provide protective and fiduciary services to vulnerable British Columbians

Mission: • Safeguard and uphold the legal and financial

interests of children; • Manage the legal, financial and personal care

interests of adults needing assistance in decision making; and

• Administer the estates of deceased and missing persons

Overview

PGT Regions

Interior/North

Vancouver Island

Greater Vancouver

Lower Mainland

• Legal structure: statutory corporation sole

• Public Guardian and Trustee appointed to a six year term (renewable once)

• 263 staff• 27,700 clients• Role includes private fiduciary services

and public oversight/protective services• $877 million assets managed• Operating Budget of $26.5 million• Self funded 67% of actual expenditures

from client paid fees and commissions with the balance provided by voted funding to support public services

• Offices: Vancouver, Victoria, Kelowna and warehouse in Burnaby

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PGT Independence

PGT is independent of government in all client matters

Why?• When in a protective role: Court needs to rely on

impartiality of PGT• When in a fiduciary role: Fundamental legal obligation is

undivided loyalty to client

How?• Accountability defined in a statutory scheme• Corporation sole is a separate legal entity from government• Statutory fixed term for the PGT

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Powers and Duties

PGT powers and duties created by statute. Over 20 statutes give roles to the PGT:

• Adoption Act• Adult Guardianship Act• Child, Family and Community

Service Act• Cremation, Interment and Funeral

Services Act• Community Care and Assisted Living

Act• Employment Standards Act• Estate Administration Act (for deaths

prior to March 31, 2014)• Estates of Missing Persons Act• Family Law Act• Health Care (Consent) and Care

Facility (Admission) Act

• Hospital Act• Infants Act• Insurance Act• Insurance (Vehicle) Act• Marriage Act• Patients Property Act• Power of Attorney Act• Public Guardian and Trustee Act• Representation Agreement Act• Trust and Settlement Variation Act• Trustee Act• Wills, Estates and Succession Act

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Client Dimensions

Child and Youth Services Services to Adults Estate and Personal Trust Services

PGT0

5,000

10,000

15,000

20,000

25,000

30,000

17,183

8,501

2,407

27,700

Total Number of Clients Served by PGT and by Program Area

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Client Assets Overview

Premium Money Mar-

ket Fund $461,496 M

52%

Balanced Income Fund$35,337M

4%

Balanced Growth Fund$103,620 M

12%

Other Investments and Securities$129,466 M

15%

Other Financial Assets $7,990 M 1%

Real Property$131,546 M

15%

Other Financial Assets$7,809 M

1%

• $877 million under administration• $161 million in client bills paid• $175 million in client receipts processed

Client Assets Under Administration

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Client Investments

• Fiduciary – prudent investor standard imposed by law• Strategic investment advice from statutory Investment

Advisory Committee• PGT invests client funds in three pooled funds managed by

bcIMCPool Amount Rates of Return at March 31, 2015Premium Money Market $ 461M 1.6% (1 yr)Balanced Income $ 35M 8.57% (5 yrs annualized)Balanced Growth $104M 10.24% (5 yrs annualized)

• Individual investment portfolios also used depending on client goals and objectives• allows portability of portfolio once PGT management ends• greater ability to tailor to client need

Child and Youth Services

• Mandate to protect legal and financial interest of children underage 19• Property guardian• Trustee of children’s funds• Protective legal reviews• Litigation guardian

• 46 staff• Served 17,183 clients in 2014/15

• Property guardian – 5,383• Trustee - 9,493• Protective legal reviews - 3,207

• Managed $176 million in assets (as of March 31, 2015)

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Role of PGT:Child and Youth Services

Property Guardian for Children• Continuing custody order• Temporary custody order if appointed by the court • Guardian is unwilling or unable to act• Undergoing adoption• Shared guardianship with Director of Child

Welfare/Director of Adoption/Delegated Aboriginal Agencies (guardian of person)

• Duty is to protect the legal and financial interests of the child

• Bringing legal claims when viable• Collecting financial benefits

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Role of PGT:Child and Youth Services

(cont’d)Protective Legal Reviews

Statutory review obligations to protect children’s property• Review of proposed personal injury settlements• Review of proposed trust and wills variations,

applications to appoint a private trustee• Review of applications for Grants of Probate or

Administration• Limitation Act notices (notice to proceed)• Investigate where assets of a younger person may

be at risk (PGTS s 17)

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Role of PGT:Child and Youth Services

(cont’d)Trustee of Children’s Funds• Judgments and settlements• Inheritances in some cases• Portion of entertainment earnings of child actors• Life insurance proceeds in some cases

Litigation Guardian • Child’s guardian has responsibility to pursue/defend

legal actions on behalf of their child• Where guardian unable to act and PGT determines that

it is child’s best interest to commence a civil claim, PGT may consent

Role of PGT:Estate and Personal Trust

Services• Mandate to administer the estates of deceased persons,

estates of missing persons and trusts• Total staff: 28• Total estates/trusts: 2,407• In fiscal 2014/15, 2047 clients:

• Deceased Estates - 1,893• Probate Applications filed - 233• Trusts – 242• Litigation Representative – 28• Estates of Missing Persons – 3• Executor Appointments - 259

• $199 million under administration (as of March 31, 2015)

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Role of PGT: Estate and Personal Trust Services (cont’d)

• Major function• Administrator – deceased estates with no will and

no known family members to administer the estate• Other functions

• Executor – may agree to be appointed in appropriate circumstances

• Curator of missing persons’ estates – manages property until the missing person is located or funds paid to the court

• Trustee of personal trusts• Litigation Representative for actions brought

against the estate if no personal representative created by will, court order or inter vivos settlement

• Trustee of PGT Educational Assistance Fund for former Youth in Care

Role of PGT: Services to Adults

• Mandate to protect the legal, financial, personal and health care interests of adults who require assistance in decision making

• Total staff: 100• In 2014/15, 8,501 clients:

• Assessment and Investigation – 2,065• Client Services – 3,968• Health Care Decisions – 496• Estate Liaison – 1,065• Private Committee Services – 2,325• Adult Legal Monitoring - 635

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Role of PGT: Services to Adults (cont’d)

• $501M client assets administered• Majority of adult clients are seniors but also adults

with mental illnesses, brain injuries or developmental disabilities

• Majority of adult clients receive some form of income subsidy but increasingly, asset values are higher

Role of PGT: Services to Adults (cont’d)

• Management of financial and legal affairs:• Committee of Estate (majority - 2,700 living clients)• Role: secure and inventory assets, apply for benefits,

develop budgets, manage debt, pay bills, file tax returns, carry out investment planning, protect legal interests

• Pension trustee (e.g. CPP, OAS, veterans - 20% of new authorities)

• Personal and health care decision making:• Committee of person (115 clients)• Temporary substitute decision maker for health care

• Investigating financial abuse, neglect or self neglect:• Investigating concerns that adult’s property is at risk due to

incapability or because adult is financially abused• Reviewing private committee accounts• Investigating allegations of misconduct by committee,

attorneys, representatives, joint account holders or others19

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Assessment and Investigations

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Assessment and Investigation Services

• 11 Regional Consultants• 2 in Victoria, 2 in Kelowna, 7 in Vancouver

• Centralized admin services• 1500 referrals per year – PGT becomes

Committee of Estate for approximately 350• Investigate allegations of abuse, neglect or

self neglect

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Referral Sources

PGT or Designated

Agency

Financial Institutions

Service providers

Care facility

Health AuthorityLandlord

Family and friends

Adult

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Determining the Need

Investigate

Designated Agency

PGT

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Financial Investigation Criteria

Adult May be

Incapable

Risk to Assets

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What happens during an investigation?

The PGT (under the PGT Act) and/or designated agency (under the Adult Guardianship Act, Part 3) may:• Interview the adult, their spouse, family, friends, care facility staff,

health authority staff• Obtain reports about an adult’s health, personal, legal or financial

affairs• Gather information from the adult’s bank, doctor, landlord, lawyer

The PGT has broader authority to obtain financial records including:• Asking a substitute decision maker (POA, RA, Trustee) to provide

a financial accounting• Obtaining reports about the adult’s financial situation from the

adult’s bank, credit union or investment advisor

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Emergency SituationsDESIGNATED AGENCY may act to preserve life, prevent serious physical or mental harm to the

adult or to protect the adult’s property from significant loss or damage

Enter any premises where the adult is located and

remove the adult

Provide the adult with emergency health care

Inform PGT that the adult’s financial affairs are

in need of protection

Take any other emergency measure that’s necessary to protect the adult from

harm

PUBLIC GUARDIAN AND TRUSTEE may act if reason to believe the financial affairs, business or assets of an adult are in

immediate need of protection

Stop withdrawals from a bank account

Halt sale of a property

Direct income

Take any other steps reasonable and

necessary

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Decision Making during Investigation

Autonomy

Protection

Risk

Incapability

No one else

Least intrusive

Self determinati

on

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Investigation Outcomes

Adult is capableAdult is able to make EPOA or

RA7

Informal supports are

sufficient

Adult is referred to appropriate

services

SDM now complying

Someone else able to assist

Certificate of Incapability is

warranted

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Certificate of Incapability Process

Once the need has been determined and there is no one else to assist, the PGT and the health authority (HA) will consult about how to proceed

• Consultations assist PGT and HA on next steps, eg: sharing investigation outcomes and contact information, and determining who will coordinate components of assessment• It is most common for the PGT to coordinate the medical

component first• Processes may vary depending on whether the adult is

in hospital, has a GP, and where they live

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Adult Guardianship Act – Information Sharing

• Under the Adult Guardianship Act, designated agencies and qualified health care providers and the PGT have a right to the information necessary to perform their duties, powers and functions.

• Under the Adult Guardianship Act, the PGT and designated agencies may disclose information obtained under the Act for the purposes of exercising powers or performing duties or functions specified under the Adult Guardianship Act. 

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Purpose of the Assessment

The purpose of an incapability assessment under Part 2.1 of the Adult Guardianship Act is to determine whether an adult is incapable of managing his or her financial affairs.

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Who can conduct the Assessment?

• Only medical practitioners (physicians) can conduct the medical component of the assessment.

• Physicians are the only ones who can conduct both the medical and functional components of the assessment.

• A qualified health care provider can conduct the functional component of the assessment.

To be considered qualified for this purpose a health care provider must:

• be a registered social worker, registered nurse, registered psychiatric nurse, registered occupational therapist or registered psychologist, and

• meet the standards, limits and conditions established by their college to act as qualified health care provider

• complete MOH course• be assigned this work by Fraser Health

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PGT as Statutory Property Guardian/Committee of Estate

On becoming the statutory property guardian, the PGT must advise:• The adult, spouse or family member(s) that the PGT is the

adult’s committee of estate and may make decisions about the adult’s financial affairs

• The adult of the right to second assessment, reassessment and court review.

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How Did We Get Here Again?

Referral Investigation

Certificate of

Incapability Process

PGT -Committee

of Estate

1500 350

Problem solving – substitute authority pursued by other, removed or remedied

Green Light LetterAssessmentsHAD Information Package

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Contact Information

Public Guardian and Trustee of British Columbia700-808 West Hastings Street

Vancouver, British Columbia  V6C 3L3Ph: 604.660.4444Fax: 604.660.0374

Website: www.trustee.bc.ca