A Comparative Analysis of Adult Guardianship Laws in B.C., New Zealand and Ontario PDF Download

Author: British Columbia Law Institute
Publisher:
ISBN: 9781894278379
Category : Capacity and disability
Languages : en
Pages : 65

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Author: Robert Macaire Gordon
Publisher:
ISBN: 9780459551407
Category : Conservatorships
Languages : en
Pages :

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Author:
Publisher:
ISBN:
Category : Capacity and disability
Languages : en
Pages : 65

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Author: Canadian Centre for Elder Law
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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An adult guardian is somebody who is appointed to make decisions for an adult who is not capable of doing so. Individuals might need an adult guardian if they suffer from conditions such as a mental illness or handicap, a degenerative disease, or a head injury. This appointed individual is called a “committee.” The laws governing adult guardianship vary in different jurisdictions. This study paper provides a comparative analysis of the legislative schemes in BC and other jurisdictions, notably New Zealand and Ontario, and considers key issues that are essential for meaningful reform. Some regimes are more paternalistic, emphasizing protection of the vulnerable adult, while others focus more on individual rights and seeking to promote autonomy. The regime in BC, specifically the Patients Property Act, has been criticized for being outmoded and paternalistic. This study paper was written in light of the BC government's announcement of its intention to modernize its guardianship laws.

Author: A. Sean Graham
Publisher:
ISBN: 9780779862696
Category : Capacity and disability
Languages : en
Pages : 222

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Author: Mary Joy Quinn
Publisher: Springer Publishing Company
ISBN: 9780826126832
Category : Adulthood
Languages : en
Pages : 362

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Introduction to guardianship -- History of guardianship / written by Erica F. Wood -- Criteria for guardianship -- The guardians -- Alternatives to guardianship -- Guardianship process -- Guardian accountability / written by Sally Balch Hurme -- Working with guardianships -- Working with the guardianship court -- Looking forward.

Author: Law Reform Commission of Canada
Publisher:
ISBN:
Category : Conservatorships
Languages : en
Pages : 34

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Author: British Columbia Law Institute
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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This report explores the procedures surrounding issues that arise when adult guardianship orders are made outside the province of British Columbia. Adult guardianship orders appoint persons to make decisions and manage the physical well-being, property, and financial affairs in circumstances where individuals are unable to act for themselves. The report makes recommendations for how issues that arise when adult guardianship orders emanate from other Canadian provinces and territories should be dealt with, namely, via the Enforcement of Canadian Judgments and Decrees Act.

Author: Shuo Yang
Publisher:
ISBN:
Category :
Languages : en
Pages :

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"Adult guardianship system is an effective legal mechanism to help incapacitated adults who have lost the ability to make proper judgments and decisions on their own. Although China has taken reforms in adult guardianship laws since the 2010s, there are still some shortcomings in China's current adult guardianship laws and a systematic regime has not yet been formed. By contrast, Canada's adult guardianship system has developed from an inadequate one to a much-improved one by establishing its social security system and welfare service. This thesis makes an overall comparison between China's and Canada's adult guardianship regimes in three aspects, namely the guiding principles, the diversity of models and alternatives, and the procedural safeguards. Consequently, this thesis concludes the following possible ways China could refer to Canada's experience in this regime. First, systematic reforms in adult guardianship are required for China, since China lacks a global perspective in the legislative activities of adult guardianship. Second, the priority for China to take reforms is to understand the guiding principles rather than introduce the regime directly from the West, and also, China should figure out how to transplant these principles and specific institutions in the context of Confucianism. Third, China should pay more attention to the procedural safeguards in adult guardianship. At last, as to the substantive law in this field, China should diversify adult guardianship models and alternatives, and make the court-ordered adult guardianship the last resort to accommodate ward's various needs and maximize their self-determination capacity." --

Author:
Publisher:
ISBN:
Category : Guardian and ward
Languages : en
Pages : 28

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