Released on November 7, 2013
After conducting consultations, the government is making a number of amendments to legislation affecting vulnerable adults.
These changes will improve and clarify a number of processes and legislative requirements for vulnerable adults and their representatives and caregivers.
“We’ve found a number of places where we can bridge certain gaps in existing legislation and make things better for Saskatchewan’s vulnerable adults and their loved ones,” Justice Minister and Attorney General Gordon Wyant said. “These amendments are the first step in what will be a comprehensive response to the recent talks on the care of vulnerable adults in this province.”
The amendments will be made through The Health Care Directives and Substitute Health Care Decision Makers Amendment Act, 2013, The Powers of Attorney Amendment Act, 2013, and The Public Guardian and Trustee Amendment Act, 2013.
The Health Care Directives and Substitute Health Care Decision Makers Amendment Act, 2013 will allow caregivers to make decisions on specific day-to-day treatments on behalf of patients who lack the ability to do so. This will only be done when there is no relative or established representative available to make those decisions. The Act will also allow representatives or relatives to admit a person to a long-term care facility if the person lacks the ability to make decisions. In the absence of a representative or relative, two treatment providers can also agree to admit a patient to long-term care.
The Powers of Attorney Amendment Act, 2013 will allow individuals who hold power of attorney over an estate to make gifts from that estate. Attorneys will be allowed to make a gift out of the estate when the power of attorney document specifically permits it, or when the attorney has reason to believe the property owner would have made the gift, subject to certain limits. The Act also contains new rules for attorneys when reporting on the finances of an estate.
The Public Guardian and Trustee Amendment Act, 2013 moves the process to declare someone unable to manage their own financial affairs into The Public Guardian and Trustee Act. Additionally, the Act allows the Public Guardian and Trustee to revoke their existing authority over an estate if someone else can act as a property guardian.
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For more information, contact:
Noel Busse
Justice
Regina
Phone: 306-787-8959
Email: noel.busse@gov.sk.ca
Cell: 306-551-9405