The Role of the Police

Notified of possible criminal offence Investigate – gather evidence, speak to victim, speak to witness(es), speak to suspect(s) Engage Victim Services and/or other appropriate supports for victim Determine appropriate action – Is it criminal? If so, can warn, seek Peace Bond, arrest & recommend charges Arrest/Charge – normally Accused is released on a Promise to Appear pending court, with conditions (Undertaking) such as No Contact w/ Victim, etc. Police don’t lay charges in BC, we only recommend to Crown Counsel Peace Bond – an order from the courts of No Contact (one year), not a criminal record/offence

Check on Well-Being Common call for service for Police A loved one calls and states that they normally hear from their relative or friend every other day or every week, etc. but they haven’t heard from them so they’re concerned We attend the residence and check on their well-being If we believe the person is at risk, we can force our way into the residence Sadly, this is a frequent method of discovering that people have passed away We notify Coroner and investigate as necessary (if criminal we investigate, if not Coroner becomes lead) We notify the next-of-kin

Keeping the Peace Common call for service Not criminal in nature, but a belief exists that Police should be present in advance to ensure no violence occurs. Often one partner is getting their belongings from former partner’s residence. We stand by and ensure nobody commits an offence. Normally no action is required by Police other than being present At the request of Designated Agencies investigating abuse/neglect and self neglect with elders where others may be present who are believed to violent – or could interfere with an assessment of an elder To assist designated agencies with court issued access orders – to gain access safely to a residence

Reality Check Challenges in reporting & convicting (consent issues, seniors still loving their adult children or others who may be duping them. “Duping” versus Criminal Fraud Challenges with no contact conditions How much can/does the system protect people? What about people who cannot provide statements? The trial process (positives & negatives)

Role of the Public Guardian and Trustee Under BC's Adult Guardianship Laws May 3, 2019 Goran Todorovic, Manager, Assessment and Investigation Services & Health Care Decisions

Adult Guardianship Continuum of Decision Making Adult makes their own decisions Adult decides who will make decisions for them if they cannot Others can be appointed if the adult hasn't chosen anyone or their plans have fallen through

Presumption of Capability Guiding Principles Presumption of Capability Right to Self Determination Court as a Last Resort Just Enough Support

Adult Guardianship (cont’d) Guiding Principles are at the Heart of Adult Guardianship Legislation - Presumption of Capability - Just Enough Support - Self Determination - Court as Last Resort Representation Agreement Act Power of Attorney Act Adult Guardianship Act Health Care (Consent) and Care Facility (Admission) Act Public Guardian and Trustee Act Patients Property Act

Financial Non-Financial Substitute Decision Makers in BC Financial Representation Agreement Sec. 7 – routine financial management Attorney (Enduring Power of Attorney) Committee of Estate – Certificate of Incapability (AGA) or Court Order (PPA) [Pension Trustee – federal] Non-Financial Representation Agreement Sec. 7 and Sec. 9 – personal and health care decisions Advance Directive Temporary Substitute Decision Maker - health care decisions Committee of Person – personal and health care decisions – Court Order (PPA)

Red Flags of Potential Financial Abuse Gift made by adult who appears not to appreciate the value of the gift Unusual and significant withdrawals from adult’s accounts Significant increase in adult’s debt Legal documents signed by adult apparently without understanding of the nature and effect or uncomfortable with the situation Misuse of joint accounts, credit and debit cards or online banking Abuse of authority by a Representative under a Representation Agreement or an Attorney under an Enduring Power of Attorney Neglect/Self – Neglect: Unpaid bills, taxes Imprudent financial decisions Un-negotiated cheques

Red Flags of Potential Financial Abuse Misuse of joint accounts, credit and debit cards or online banking Abuse of authority by a Representative under a Representation Agreement or an Attorney under an Enduring Power of Attorney Neglect/Self – Neglect: Unpaid bills, taxes Imprudent financial decisions Un-negotiated cheques

Assessment and Investigation Services 11 Regional Consultants: 7 in Vancouver, 2 in Victoria, and 2 in Kelowna Centralized admin team processing referrals and inquiries across the province

Assessment and Investigation Services The role of the AIS Regional Consultants: Consult on complex risk situations involving abuse, neglect or self- neglect of vulnerable adults Provide information and guidance for formal and informal options to resolve situations Investigate actions of trustees, representatives, or attorneys under Power of Attorney when the adult is allegedly incapable and concerns about financial management have been raised.

Reason to Believe Incapable Criteria for Financial Investigation Reason to Believe Incapable Risk to Assets No Other Person

Autonomy Protection Guiding Principles No one else Self determination Risk Incapability No one else Least intrusive Self determination