1. The Role of the Police

3. 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

4. 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

5. 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

6. 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)

7. 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

8. 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

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

10. 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

11. 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)

12. 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

13. 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

14. 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

15. 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.

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

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