Protect Your Elderly Parents

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Lynne Butler. Protect Your Elderly Parents

PROTECT YOUR ELDERLY PARENTS. Become Your Parents’ Guardian or Trustee

Introduction

1. The Difference Between a Guardian and Trustee

1. Understanding the Difference between a Guardian and Trustee

Table 1: Name of Person in Need of Assistance by Province and Territory

1.1 Guardianship

Table 2: Court-Appointed GuardianNames by Province and Territory

1.2 Trusteeship

Table 3: Court-Appointed Trustee Names by Province and Territory

2. Provinces and Territory with Special Situations

2.1 Manitoba

2.2 Nova Scotia

2.3 Nunavut

3. In the Best Interests of the Dependent Adult

2. Does Your Parent Need a Guardian or Trustee?

1. Indications That Guardianship Might be Necessary

2. Indications That Trusteeship Might be Necessary

3. Identifying Mental Incapacity

4. Medical Evidence You Will Need

4.1 The best medical evidence

4.2 How to get the medical evidence

3. Alternatives to Applying for Court-Ordered Guardianship and Trusteeship

1. Why You Should Consider Alternatives

2. Informal Trusteeship

3. In-Home Support

4. Placing Assets in Joint Names

5. Health Care Directive

6. Representation Agreements

6.1 Agreements in British Columbia

6.2 Co-Decision-Making in Saskatchewan

6.3 Agreements in the Yukon

6.3a Supported Decision-Making Agreement (Yukon)

6.3b Representation Agreement (Yukon)

7. Enduring Power of Attorney

8. Temporary Guardianship and Trusteeship

9. An Important Note about Wills

4. Public Guardian and Public Trustee

1. The Public Guardian and Trustee as Guardian/Trustee for Your Elderly Relative

2. Family Members in Dispute

3. What Does the Public Trustee Do As a Trustee?

4. Review of All Guardianship and Trusteeship Applications

4.1 If the Public Guardian and Trustee objects to your application

5. Ongoing Input

6. Permission for Costs to Be Paid by the Crown

7. Special Accounting Provisions

7.1 British Columbia

7.2 Saskatchewan

5. What You Need to Know about Guardianship

1. Who Is Eligible to Be a Guardian?

Table 4: Summary of Qualifications to Be a Guardian

1.1 What does it mean to be in a position of conflict?

2. Who Would Be a Good Choice for Your Elderly Relative?

3. Appointing Joint Guardians

4. Appointing an Alternate Guardian

5. The Powers Given to Guardians by Law

6. How to Know Which Powers You Should Request

6.1 The power to decide the dependent adult’s living arrangements

6.2 The power to decide if the dependent adult will engage in social activities

6.3 The power to decide if the dependent adult will work

6.4 The power to decide the dependent adult’s participation in educational, vocational, or other training

6.5 The power to decide the dependent adult’s ability to apply for any licences or permits

6.6 The power to deal with legal proceedings that do not relate to the dependent adult’s property

6.7 The power to make decisions regarding health care

6.8 The power to decide normal day-to-day matters

6.9 The power to physically restrain the dependent adult when necessary

7. Special Power of Purchase of Necessities

8. Payment for Being a Guardian

9. Restrictions on Guardians

6. How a Court-Ordered Guardianship Is Ended

1. Removal of a Guardian by the Court

2. Voluntarily Asking to Be Discharged

3. Death of a Guardian

4. Death of the Dependent Adult

7. What You Need to Know about Trusteeship

1. Residency Can Be an Issue When Applying to Be a Trustee

2. Who Would Be a Good Choice for Trustee?

3. Powers Given to Trustees by Law

4. Payment for Acting As a Trustee

4.1 Guidelines for Payment by Province or Territory

4.1a Alberta

4.1b British Columbia

4.1c Manitoba

4.1d New Brunswick

4.1e Newfoundland and Labrador

4.1f Northwest Territories

4.1g Nova Scotia

4.1h Nunavut

4.1i Ontario

4.1j Prince Edward Island

4.1k Saskatchewan

4.1l Yukon

5. Personal Liability

8. Restrictions on Trustees’ Actions

1. Investments

2. Trustee’s Undertakings

3. The Dependent Adult’s Will

3.1 Following the dependent adult’s existing will

4. Using the Dependent Adult’s Money to Support Others

5. Keeping the Trustee’s Money Separate from the Dependent Adult’s Money

6. Conflict of Interest Situations

6.1 The trustee buying property from the dependent adult

6.2 The trustee taking gifts or loans from the dependent adult

7. Beneficiary Designations

9. Trustee Filing of Initial Inventory

1. When to File the Initial Inventory

2. Determining which Property to Include in the Initial Inventory

3. Determining the Value of the Property

Sample 1: Ledger

3.1 Real estate

3.2 Mineral titles and leases

3.3 Vehicles

3.4 Bank accounts, RRSPs, RRIFs, TFSAs, and portfolios

3.5 GICs

3.6 Canada Savings Bonds

3.7 Stocks and shares

3.8 Collections, antiques, and artwork

4. Joint Property

10. How Trusteeship Is Ended

1. Discharge of a Trustee by the Court

2. Passing of Accounts is Required

3. Removal of a Trustee by the Court

4. Death of a Trustee

11. How to Apply to the Court for a New Guardianship and/or Trusteeship

1. Application

2. Supporting Affidavit

3. Consents

3.1 Proposed guardian and/or trustee

3.2 Nearest or next nearest relative

4. Notice of Objection

5. Know When to Consult a Lawyer

6. Orders

12. Filing Documents at the Courthouse

1. Which Documents to File

2. Where to Go to File the Documents

3. Cost of Filing

Table 5: Initial Court Filing Fee

4. Documents Rejected by the Clerk of the Court

13. Serving the Documents

1. Who to Serve

2. Service by Registered Mail

3. Personal Service

4. Proof of Service

5. Preparing an Affidavit of Service

14. What to Do after the Order Is Granted

1. Filing

2. Effective Date of Order

3. Note Review Periods

4. File Inventory

5. Costs of the Application

6. How to Use the Order with Institutions and Businesses

7. Serving Copies on Required Parties

8. Read the Act

9. Record Keeping for Guardians

10. Record Keeping for Trustees

11. Be Informed

15. Court Reviews

1. Statutory Review Periods

2. New Medical Evidence Is Needed

3. New Consents Are Needed

4. How to Apply for a Review

5. Documenting the Decisions Made by a Guardian

6. Documenting the Decisions Made by a Trustee

16. Passing of Accounts for Trustees

1. What the Passing of Accounts Shows the Court

1.1 Overall financial picture

1.1a Increases in the dependent adult’s finances

1.1b Decreases in the dependent adult’s finances

1.2 Maximizing the dependent adult’s financial situation

1.3 Use of the dependent adult’s property

1.4 Adequately providing for the dependent adult

1.5 Living within the dependent adult’s means

1.6 How the assets are currently held

1.7 Staying within the trustee’s authority

2. Setting an Accounting Period

3.Preparing Financial Statements in Jurisdictions Where There Are No Set Forms

4. Ledger

Sample 2: Daily Ledger

5. Opening and Closing Inventories

6. Summaries and Reconciliation

Sample 3: Opening and Closing Balance Formula

Sample 4: Summary of Income

Sample 5: Summary of Expenses

Sample 6: Reconcile the Accounts

7. Request for Compensation

17. Death of the Dependent Adult

1. Advise Public Guardian and Trustee

2. End of Guardianship and Trusteeship Order

3. Account to the Executor

18. Checklists

Alberta

British Columbia

Manitoba

New Brunswick

Newfoundland and Labrador

Northwest Territories

Nova Scotia

Nunavut

Ontario

Prince Edward Island

Saskatchewan

Yukon

19. Forms

About the Author

Notice to Readers

Self-Counsel Press thanks you for purchasing this ebook

Contents

Отрывок из книги

Note to readers: At various places in this book you will find references to a CD. The CD is no longer enclosed with the book. We explain how to obtain the (free) forms for your province in Chapter 19.

More and more Canadians are currently facing the challenge of looking after elderly parents or relatives who are losing the ability to look after themselves. As Canada’s baby boomers get older, the number of individuals requiring assistance will continue to increase. An elderly person might lose the ability to look after himself or herself because of the onset of Alzheimer’s disease, vascular dementia, injury, brain tumour, or for many other reasons.

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In the event that you are not sure which procedure applies to your situation, you may wish to discuss it with the very helpful and approachable staff of the Office of the Vulnerable Persons’ Commissioner in Winnipeg. Contact information is available on the CD.

In Nova Scotia, most applications for the appointment of guardians are made under the Incompetent Persons Act. However, Nova Scotia also has a second way of being appointed as the guardian of an adult person who has lost capacity, that being the Inebriate’s Guardianship Act. The procedure is the same. As may seem obvious, the latter act specifically refers to a loss of capacity that is brought around by a person’s habitual drunkenness and is not specifically related to aging. As the focus of this book is on incapacity due to aging, all of the forms and information in this book will refer to the Incompetent Persons Act only.

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