Public Guardian and Trustee

[revyman]

Hi everyone! I am looking for some feedback on a seminar we are thinking of starting.

In a nut hell, course content will include first off, just exactly does it mean to take on the responsibility of being a Power of Attorney for a friend or family member. There is an awful lot involved in such a venture. We have found out that a lot of people with a POA don't know what terms like fiduciary responsibility or co-mingling really mean. And not knowing exactly what all the responsibilities can be a very costly mistake. I am talking from experience.

There are many things you must and must not do while exercising a POA. The course will explain everything that is required to successfully act in the best interest of the person you are trying to protect. It will teach what is required if you are going to be involved in investments or real estate transactions. It will advise what the responsibilities are regarding housing and health issues. It will teach participants exactly what is required when it comes to the accounting issue of every type, whether accounts receivable or payable. Participants will learn what the legal requirements are regarding wills. And there is a whole lot more, but the most important thing they will learn are the consequences of not doing every single thing right.

Another part of the course will inform them where they can go for help if needed. They will learn just who can be trusted to provide this help and just who will not help. This list will include politicians, lawyers, private and government organizations. This is not a hit list but rather a list of who really cares and who just says what they think you want to hear.

But most important of all is that they will learn just what the Public Guardian and Trustee is capable of and does on a regular basis.

Instructors include retired bankers with over 30 years of experience to people that have worked within our current provincial government in Social Services and other departments, all have had experience with the PG and T.

Another part of the course is to inform people of the fact that a lot of the legislation the PG and T used is from the 60's and is in dire need of change. They will learn that the ombudsperson can make all the reports they want but they have absolutely no power to do anything more than to suggest changes to the powers that be. That is very evident in their last report.

As well they will learn that there are actual cases where there services are actually required, as there is a lot of abuse in exercising POA's in this province.

We are sure that if enough people become informed of the responsibilities involved in a POA, and how the PG and T can cause them infinite grief, they might consider helping to lobby the government for change.

There is so much more I could say. Pm me with any questions. I would love to hear from anyone that has had an experience with the Public Guardian, good or bad. Your experiences will help others in the future.
Terry

[LANDM]

Hi everyone! I am looking for some feedback on a seminar we are thinking of starting.
In a nut hell, course content will include.......

It sounds like you may be turning this into an "I have an axe to grind" seminar.

You have to be careful with mixing a truly informative seminar with "how I got screwed", or pulling people in with the presumption that it will have certain content but it is really negative. I am only saying this because of the underlying negativity and the comments about your personal situation.

I think it can be a great idea but am just getting the vibe that your experience may taint things with focusing on what can go wrong vs how to keep things right. You asked for an opinion, and you got one.

Plus, the Freudian slip in your second sentence, "in a nut hell", didn't help. Haha

[revyman]

I am truly sorry you got the wrong impression about what we are doing from my last post. Our seminar is not intended in any way to be a negative monologue about the PG and T. The PG and T have a very important role to play in today's society and we sincerely believe that, but if you don't do your duty as a Power of Attorney properly, there can be some real severe consequences. And some of these consequences will shock most people in the severity in which the PG and T can and will apply them.

Most people find themselves in the position of being a Power of attorney not because they want to, but rather because they have to. For example, a parent or family member that suddenly gets sick or has an accident that renders them incapable of making day to day decisions on their own. Someone has to step up to the plate and look after things in that persons life for them. Sounds simple enough but in actuality it can be a complicated issue that requires lots of research to make sure it is done right.

Our experiences with the PG and T will never be part of the seminar in any way. We don't want to tell people how we got screwed. We want to show people how to exercise the franchise of Power of Attorney properly so they don't create a story of negativity of their own. Remember, these people answer to no one! And they can do pretty much what they want.

So most times, if the person who holds the POT is educated on the subject there usually are no problems. But that i snot always the case. Those that don't educate themselves seem to run into trouble more times than not.

Our goal is to educate people on this subject so that they might not have to go through what we did. I suppose you could say we are using our negative experience with the PGandT, but it is in a very positive way. We will not point fingers at individuals within their organization. If our seminars stop one person from having a bad experience with PG andT, it will all be worth it.

I don't know if you have had any experience with the PG and T or not, but if you have I really hope it was a positive one.

There is a huge need for this service and we would not have support from unions and financial institutions and many other professionals if they did not like the content of the seminar.

If you have had some experience with the PG and T please send me a PM. I would love to hear from you and about your experiences whether positive or negative.

[SoyChai]

We are sure that if enough people become informed of the responsibilities involved in a POA, and how the PG and T can cause them infinite grief, they might consider helping to lobby the government for change.

You clearly have your own agenda with this "course". Based on that, and the long-windedness of both your posts, no I am not interested in this course. You asked...

[Osoyoos_Familyof4]

I have been first a POA for one parent, and then later their Guardian and Trustee as their disease progressed. The one thing I did that was suggested to me by the Public Guardian's office in Alberta was to hire a lawyer which cost a boatload of money. In hindsight I probably could have gotten this on my own through the court system for a nominal amount considering nobody was contesting my authority (this was in Alberta however).

Right now we are also POA for my husband's aging father, but not as of yet his Guardian or Trustee. That may however be a reality in the future.

So, yes, I think this would be an excellent course to offer, especially in a community with lots of older folks. I sure would like to see a component of low-cost alternatives when the person who is infirm has little to no money. It certainly doesn't require the high cost of lawyers when the person has no assets to sell or protect etc. Also most people who get to that point are often living in a care-home which reduces the chances that they're out spending and getting things on credit which may come back to haunt you. I did however end up getting a nasty hospital bill at one point because we were told that she needed a private room at one point and our private insurance only paid a portion of it which left us responsible for the difference which was significant.

So, YES. This course might be a good thing, especially for those who aren't savvy. Good Luck.

[LANDM]

If it is positive and educational, there may be a need for it. I have acted in that capacity twice and have not had problems. Nor have I heard, before your comments, of others having problems.
Additionally, I have named POAs for myself and when doing so, was not instructed of potential large problems for those acting on my behalf.

If you are offering a course, is there any requirement for you to have a legal background? I am asking because I am unsure, rather than stating it as fact. If you are giving legal advice or interpretation, you may run into issues.

[Balance]

Representation Agreements have already answered any likely 'gripes' you might have with the Public Guardian and Trustee. Perhaps you're looking for an alternative to Power of Attorney, or a way to have all four areas of assistance addressed; Health care, legal, finances and personal care. If so I suggest you seek out information on Representation Agreements with the NIDUS Registry. Representation Agreements cover all four and are centred in relationships of trust, not necessarily legal relationship (like marriage, family, lawyer etc).

[revyman]

We do not intend to give legal advice in any way. That is for the professionals but we can refer someone in need to an experienced lawyer or accountant or what ever is needed. Our people are experienced in areas like finance ans social services. We will have information from professionals as seminar content and probably will have people as guest speakers at the seminars to answer questions only a lawyer or other professional could and should answer

[Balance]

You seem intent on focusing on lawyers and accountants and the power of attorney system. All of this costs money and is tangled in a traditional system of 'lawyers know best' and there is a much better way that most people can access that is FREE and is centred on family and friends in trusting relationships that 'know people best'. It is also a way that is fully enacted in legislation and we are extremely fortunate in British Columbia to have this legislation.

Representation Agreements are much more people-friendly, fully cover all aspects of care and concern for people who may be in a position of not being able to speak for themselves (in a coma, dementia etc..) and have only a registration cost of $25 associated with them. The Alzheimers Society held a workshop in the spring. It was very well attended and people went away with their agreements to decide upon and all the information they needed.

Here is the website if you wish to peruse this.
http://www.nidus.ca/?page_id=238

[LANDM]

The Alzheimers Society hated a workshop in the spring.

Why did they hate it?

[Balance]

Umm… thanks for the heads-up on the typo ;-)

[LANDM]

Heheh, couldn't resist.....

[revyman]

I am sorry Balance that you think we are going to be focused on lawyers and accountants in the seminars. That is not the case at all. But the fact is that the duties of many POA's do require the services of a lawyer or some other professional to do their duty as a POA properly, especially if there is a large amount of money or property involved. And as most people are aware, lawyers and accountants and other professionals have their area of expertise they work in, and believe it or not it is hard to find professionals that specialize in POA issues. We will simply recommend a professional in the area required to the seminar participant near them.

So as you can see Balance the need for referral to professionals is a very necessary part of the seminars in some cases, but in no way is the focus of our seminars. Just a part of life sometimes.

[snoozin]

Can you advise the details of when and where this seminar will be held?

[Wally]

I think a course on the responsibility of PoA and PGT is a good idea and should be mandatory for anyone exercising it. My family had a long and troublesome experience with this.