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Guardianship Act paves way for financial abuse |
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Written by Ruth Maria Adria
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Saturday, May 02 2009, 9:19 PM |
We submit that the Adult Guardianship and Trusteeship Act is unjust legislation that violates the Charter of Rights and Freedoms. Its proclamation will open the floodgates of the financial abuse of thousands of Albertans.
The court has the ability to compel a senior to undergo a capacity assessment and permits the assessor "to enter the adult’s residence" for the assessment. You will no longer be safe in your own home from those who would strip you of your rights. This legislation is designed to disarm seniors of their right to protect themselves and their property.
The court may determine your competency in your absence, without an assessment, no matter where you may be, even if you are out of country. This happened in December of last year. A mother, who was coping and had not been declared incompetent, was removed from her home after the court, based on the statement of lawyers who had never met her, determined she “was over the threshold.”
Any interested “person” can apply for guardianship in respect of any resident of Alberta. You may opt out of a co-decision order, but the "withdrawal" must be filed at the court, which automatically brings in the Public Guardian. There is no opting out.
A senior can apply to the courts for a review of the order. There is no guarantee of right to counsel. The senior who has been stripped of rights has no access to his/her money. How can he/she retain a lawyer to go to court?
Under trusteeship, you will not be allowed to see how your hard earned money is being spent (or stolen). Only the court may examine your financial records.
With a court order, the trustee can disregard your last wishes, will and testament and liquidate property that has been specifically named and bequeathed in your will.
Regarding liability, no action lies against the minister, Public Guardian, capacity assessor, investigator, public trustee, etc.
The proposed legislation has forgotten that the actual ownership of the wealth of a “dependent senior” belongs to the senior; the first priority should be for the well being of the senior.
We urge Albertans to obtain a copy of the act from their MLA, review the legislation and decide if this is just.
Ruth Maria Adria
Elder Advocates of Alberta Society
Edmonton
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