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Statement on BCHRC Report of the Inquiry into detentions under the AGA
The BC Human Rights Commissioner recently released a report of their Inquiry into detentions under Part 3 of BC’s Adult Guardianship Act (AGA). The AGA allows designated agencies such as health authorities and Community Living BC to provide emergency assistance to adults who appear to be abused and neglected and who are apparently incapable of giving or refusing consent. However, the law is unclear about the extent of these emergency powers.
The report’s findings include: a lack of transparency in the process – information on how this law is administered is often restricted from legal representatives and legal counsel of the adult; there are a lack of safeguards for s. 59 AGA detentions both in law and practice; and some detentions are being made without legal authority. These detention practices have a disproportionate impact on seniors and persons with disabilities.
Nidus agrees with the Commissioner’s statement that health and social service providers must respect a representative’s decision made under the authority of a Representation Agreement as if it was the adult’s decision, and that health care providers should not ignore a representative’s instructions because they don’t like or don’t agree with the representative’s answer, unless the decision will cause the adult harm – with a caveat that as acknowledged in s. 45(2)(b) of the AGA, this does not prevent an adult’s representative or guardian from refusing health care for the adult in accordance with wishes the adult expressed while capable, even if the refusal will result in the adult’s death.
Nidus supports the Commissioner’s recommendations 4 and 6, which call for government in consultation with the public and community-based organizations to: develop provincial regulations, policies, or guidelines which include standards for ensuring that an adult’s representative is immediately informed of their detention and the adult’s whereabouts; and to develop mandatory provincial training for all those who exercise decision making authority under Part 3 of the AGA, which includes training on statutory frameworks for decision making, such as the Representation Agreement Act.
BC’s Representation Agreement Act is world-renowned, having been acknowledged as the best policy in the world for recognizing the right to support in personal decision making and for avoiding adult guardianship. It is an effective legal model for decision making that embodies the principles of the right to full person-hood, self-determination, and support as needed. It is consistent with the UN Convention on the Rights of Persons with Disabilities, which calls on State Parties to allow persons with disabilities the support they may require to exercise their legal capacity. Nidus is the only community-based organization in BC and Canada devoted to personal planning and Representation Agreements.
NEW RACK CARDS FOR ORDER
Nidus has partnered with the BC Association of Community Response Networks to provide Rack and Wallet Cards, as resource information and promotional materials available for order. The BCCRN grew out of the need to create an on-going, permanent provincial funding and support structure for the benefit of vulnerable adults who are experiencing (or at risk of experiencing) abuse, neglect, and self-neglect.
The Association provides small project funding, resources, materials, training, and support people to assist over 90 Community Response Networks.
Ordering New Rack Cards
To order a Rack Card or Wallet Card, visit the BC CRN website. Fill in the form and select your quantity under ‘Rack Cards’ or ‘Wallet Cards’, BC CRN & Nidus Personal Planning Rack/Wallet Cards. Please allow 4 weeks for delivery. Other Nidus resources can be found across our website.
How do I use Representation Agreements to Access Benefits or Entitlements?
Nidus has been receiving a number of inquiries about how Representation Agreements can be used to access the new Canadian Dental Care Plan.
Who can access the new Canadian Dental Care Plan?
The Canadian Dental Care Plan (CDCP) is a federal initiative that aims to make the cost of dental care more affordable for eligible Canadian residents. Applications are open for seniors aged 65 and over as well as adults with a valid federal Disability Tax Credit certificate for 2023.
What is the issue?
The application process allows a “delegate” to apply on the applicant’s behalf. The government website lists examples of documents that can list delegates, such as an Enduring Power of Attorney.
Section 7 Representation Agreements (RA7s) that include authorities for routine finances, such as a RA7ALL or RA7F+L, also give representatives the authority to obtain benefits or entitlements for the adult, including financial benefits.
For example, representatives have obtained Veteran benefits, the home owner grant, and Covid benefits. The CDCP would be a similar benefit. However, as RA7s are unique to BC, some federal front line staff for the dental plan applications may not be familiar with these documents.
What has Nidus done & what can you do?
Nidus has encouraged members of the public to keep combating misinformation – we know that Service Canada is aware of the RA7 at higher levels and has accepted them. Other federal agencies such as the Canada Revenue Agency have explicitly recognized Representation Agreements.
Some representatives have been able to apply directly online. Some representatives have reported success after trying different agents until they were able to find one who was educated on the RA7.
Nidus has spoken with multiple staff members at Service Canada to encourage them to update their procedures and training to educate all staff on the RA7 so that the public is not forced to take such extraordinary measures. However, it may take some time before changes to training are made. Until then, education and advocacy are key.
To see general tips for using the Section 7 Representation Agreement for Finances and Legal Matters, click here.
🎁 ‘Tis the Season of Giving! 🎁
As the holiday season approaches, we invite you to make a donation and help Nidus in its work. Your generosity helps us sustain and expand critical services such as:
- Free Information & Guidance: From webinars to accessible videos, we provide essential resources for adults and families navigating legal authority and personal planning.
- Representation Agreement Forms: Free basic forms for personal use to give legal authority to others, if you need help with decision-making.
- Community Outreach: Raising awareness across BC to ensure everyone knows about personal planning and legal documents available in BC.
How to Donate:
- Online: Click the “Donate Now” button below to make an instant impact.
- E-Transfer: Contact us at info@nidus.ca for details.
- By Cheque: Make payable to Nidus Personal Planning Resource Centre Association and mail to 2391 Crescent Way, Abbotsford, BC, V2S 3M1.
(Please note: Due to the ongoing postal strike, mailed donations may be delayed. To ensure timely processing and a 2024 tax receipt, we encourage online or e-transfer donations.)
All donations receive a tax receipt.
Your support means the world to us. Thank you.
October is Personal Planning Month
October is Personal Planning Month, a time to focus on making important decisions while you are alive and well. Personal Planning involves creating legal documents that ensure your wishes are respected if you become incapable due to illness, injury, or aging.
What is Personal Planning?
Personal Planning is a proactive approach to making arrangements while you are alive. It differs from Estate Planning, which focuses on asset distribution after death. Personal Planning covers the period in which you may need help due to illness, injury, or other support needs while you are still living. By creating legal documents such as a Representation Agreement, you can ensure that your wishes are respected and that those you trust can make decisions on your behalf.
Through Representation Agreements (RAs), you can appoint trusted individuals to manage your health care, personal care, and even financial matters. This allows you to safeguard your choices and autonomy.
The Importance of Personal Planning
Without appropriate legal documents, your family members or friends may face barriers when trying to act on your behalf. Even a spouse. parent or adult children do not have automatic authority to make decisions for you.
Nidus Resources
Nidus has a wealth of resources to help you with personal planning:
- Representation Agreement Forms: Nidus offers free RA7 and RA9 forms on its website. Go to https://nidus.ca/ra-forms/ and scroll down to the form that fits the individual’s cognitive capability.
- Fact sheets: The RA7 Fact Sheet provides a detailed overview of what an RA7 covers, while the RA9 Fact Sheet is designed for individuals with a higher level of capacity.
- Videos: Nidus has created several videos which provide insights into personal planning and representation agreements in BC. You can see them on the Nidus YouTube channel.
- Nidus Registry: The online Nidus Registry is a secure place to store information and a copy of your legal documents. Registering with the Nidus Registry ensures that your plans are accessible when needed. Print wallet cards directly from the Nidus Registry. For step-by-step instructions, click here.
- Free Online Presentation: We’re hosting a FREE webinar on November 6th. Choose the time that works best for you:
📅 November 6th, 12–1 pm – Click here to register
📅 November 6th, 7–8 pm – Click here to register - Legal bytes: Follow us on Instagram to get helpful insights from our “Legal Bytes” series, where we provide quick legal points and valuable information on BC laws related to legal planning. If you’re not on Instagram yet, simply download the app and follow our page for updates. Prefer Facebook? No worries—most of the same content is posted on our Facebook page too!
Start your Planning Today
Use this month as a reminder to act now and protect your rights and wishes. For more information, visit nidus.ca.
In Person Appointments
Nidus offers in-person appointments on Monday afternoons thanks to our trained volunteer, Maureen, at the South Granville Seniors Centre (in Vancouver). You must book an appointment in advance. Call 604-732-0812.
Maureen can provide an overview of legal planning documents available in BC and can help with making a Representation Agreements. Maureen can also help you register your completed documents with the online Nidus Registry.
While appointments are free, the South Granville Seniors Centre suggests a $5.00 donation to SGSC when making your booking. We express our sincere gratitude to SGSC for enabling bookings and providing facilities to offer personal help with Nidus services for SGSC members and the larger community of Metro Vancouver.
Please note, you don’t have to be a senior to access this help.
Special Thanks to the BC Public Service Employees
We are so grateful to the Provincial Employees Community Services Fund (PECSF) for their continued support of Nidus. These donations, made possible through the dedication of BC Public Service employees, help us keep providing personal planning services.
Your support means the world to us! Special thanks to those who chose Nidus as their charity of choice during the annual PECSF campaign. Your generosity empowers us to continue making a difference in the community.
If you are a BC Public Service employee, you can support us too through PECSF!
Legislative Updates: Removing Gendered Language from Legal Documents
This is to inform you about recent legislative changes. The Representation Agreement Act and Representation Agreement Regulation, the Power of Attorney Act, and the Wills, Estates, and Succession Act as well as other BC legislation have undergone revisions to remove gender-specific language. For example, he/she is replaced by adult.
Please note, there is no need to redo existing documents due to these changes; they remain valid.
In keeping with these changes, the required Certificates on our Section 7 Representation Agreement forms have been updated. The updated forms are available here.
Nidus Featured in Transition Magazine
Nidus is featured in the Spring 2024 edition of Transition Magazine. The feature highlights our recent Accessibility Videos. Thank you to Disability Alliance BC for this feature.
To read more about these videos, click here.
Accessibility Video Events – Register Now
We are excited to announce that the Accessibility Project Videos are now live! These educational videos will feature personal, real-life stories from people across British Columbia, highlighting the usefulness of personal planning and Representation Agreements.
To watch “An Introduction to Personal Planning & Representation Agreements in BC” and “Nidus Registry – An Introduction” – please visit this page. These educational videos feature personal, real-life stories from people across British Columbia, highlighting the usefulness of personal planning and Representation Agreements.
What is personal planning? How is it different from estate planning? What if I have a Will and an Enduring Power of Attorney – am I covered? What if I can’t make any of these documents? What will happen to me in an emergency if I can’t speak for myself? Learn the answers to these questions and more. There will be a short period for Q&A.
We are pleased to be collaborating with our event hosts, Huntington Society of Canada, BC Chapter, Plan Institute, BC Association of Community Response Networks (BC CRN), Parkinson Society BC, Memorial Society of BC, Council of Senior Citizens’ Organizations of BC (COSCO), Family Caregivers of British Columbia, Autism BC, Inclusion BC, and Vela Canada, for our webinars in 2024.
Thank you to the BC Ministry of Social Development and Poverty Reduction and Disability Alliance BC (fund administrator) for the Accessibility Project funding for these videos.
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