Presented by Jennifer Davenport and Goran Todorovic to the Estate Planning Council of Abbotsford on September 21, 2016

1. ROLE OF THE
PUBLIC GUARDIAN AND TRUSTEE
Presentation to the Abbotsford Estate Planning Council
September 21, 2016
Jennifer Davenport
Deputy Public Guardian and Trustee
&
Goran Todorovic
A/Manager, Assessment and Investigation Services
and Health Care Decisions

2. Outline
1. Overview of the PGT
2. 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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3. 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
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4. 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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5. 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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6. 6

7. 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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8. Client Dimensions
17,183
8,501
2,407
27,700
0
5,000
10,000
15,000
20,000
25,000
30,000
Child and Youth Services Services to Adults Estate and Personal Trust
Services
PGT
Total Number of Clients Served by PGT and by Program Area
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9. Client Assets Overview
Premium Money
Market 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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10. 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
bcIMC
Pool Amount Rates of Return at March 31, 2015
Premium 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
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11. 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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12. 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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13. 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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14. Role of PGT:
Child and Youth Services (cont’d)
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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

15. 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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16. Role of PGT: Estate and Personal
Trust Services (cont’d)
16
• 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

17. 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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18. Role of PGT:
Services to Adults (cont’d)
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• $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

19. 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 others
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20. Assessment and Investigations
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21. Assessment and Investigation
Services
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• 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

22. Referral Sources
22
PGT or
Designated
Agency
Financial
Institutions
Service
providers
Care
facility
Health
Authority
Landlord
Family and
friends
Adult

23. Determining the Need
23
Investigate
Designated
Agency
PGT

24. Financial Investigation Criteria
24
Adult May
be
Incapable
Risk to
Assets
No
Other
Person

25. What happens during an
investigation?
25
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

26. Emergency Situations
26
DESIGNATED 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

27. Decision Making during
Investigation
27
Autonomy Protection

28. Investigation Outcomes
28
Adult is capable
Adult 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

29. Certificate of Incapability Process
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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

30. Adult Guardianship Act –
Information Sharing
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• 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.

31. Purpose of the Assessment
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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.

32. Who can conduct the Assessment?
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• 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

33. PGT as Statutory Property
Guardian/Committee of Estate
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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.

34. How Did We Get Here Again?
34
Referral Investigation
Certificate
of
Incapability
Process
PGT -
Committee
of Estate
1500 350
Problem solving –
substitute authority
pursued by other,
removed or
remedied
Green Light Letter
Assessments
HAD Information
Package

35. Contact Information
Public Guardian and Trustee of British Columbia
700-808 West Hastings Street
Vancouver, British Columbia V6C 3L3
Ph: 604.660.4444
Fax: 604.660.0374
Website: www.trustee.bc.ca
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