Protect Your Elderly Parents

Don't let a stranger make important decisions for your family!Decide how much help is neededFollow step-by-step checklistsGive your parent the care he or she deservesLegal in all provinces except QuebecDon't let a stranger make important decisions for your family!As we age, questions about our parents' physical or mental health and well-being or financial capabilities may arise, and often it's difficult to figure out how to start helping them, or we simply can't afford to.More and more of us are faced with caring for elderly parents. Becoming your parent's guardian and/or trustee enables you to make decisions for them when they can no longer make decisions for themselves. Protect Your Elderly Parents: Become Your Parents' Guardian or Trustee helps you to answer these questions and provides the necessary forms and resources you need to take over as guardian and/or trustee, so that you can ensure your parents have the best care available in their later years -- care from a loved one, not a stranger. Plus, all the legal forms you'll need are included, so you'll save money on lawyer's fees!The download kit contains standard forms for all jurisdictions as well as those specific to your province or territory such as:Step-by-step checklists for you to followInitial, Opening and Closing Inventory formsIncome and Expenses formsGuardianship and Trusteeship forms for the courts

This book is a guide for those who wish to become their parents' trustee so that their interests are protected as they age.

More and more of us are faced with caring for elderly parents. Becoming your parent's guardian and/or trustee enables you to make decisions for them when they can no longer make decisions for themselves. Protect Your Elderly Parents: Become Your Parents' Guardian or Trustee helps you to answer these questions and provides the necessary forms and resources you need to take over as guardian and/or trustee, so that you can ensure your parents have the best care available in their later years -- care from a loved one, not a stranger.

INTRODUCTION xv1 THE DIFFERENCE BETWEEN A GUARDIAN AND TRUSTEE 11. Understanding the Difference between a Guardian and Trustee 11.1 Guardianship 31.2 Trusteeship 52. Provinces and Territory with Special Situations 62.1 Manitoba 62.2 Nova Scotia 72.3 Nunavut 73. In the Best Interests of the Dependent Adult 72 DOES YOUR PARENT NEED A GUARDIAN OR TRUSTEE? 91. Indications That Guardianship May be Necessary 102. Indications That Trusteeship May be Necessary 103. Identifying Mental Incapacity 11vCONTENTS4. Medical Evidence You Will Need 124.1 The best medical evidence 144.2 How to get the medical evidence 153 ALTERNATIVES TO APPLYING FOR COURT-ORDEREDGUARDIANSHIP AND TRUSTEESHIP 161. Why You Should Consider Alternatives 162. Informal Trusteeship 173. In-Home Support 184. Placing Assets in Joint Names 195. Health Care Directive 216. Representation Agreements 226.1 Agreements in British Columbia 226.2 Co-Decision-Making in Saskatchewan 236.3 Agreements in the Yukon 237. Enduring Power of Attorney 248. Temporary Guardianship and Trusteeship 259. An Important Note about Wills 254 PUBLIC GUARDIAN AND PUBLIC TRUSTEE 261. The Public Guardian and Trustee as Guardian/Trustee for Your Elderly Relative 262. Family Members in Dispute 273. What Does the Public Trustee Do As a Trustee? 284. Review of All Guardianship and Trusteeship Applications 294.1 If the Public Guardian and Trustee objects to your application 305. Ongoing Input 306. Permission for Costs to Be Paid by the Crown 317. Special Accounting Provisions 317.1 British Columbia 317.2 Saskatchewan 325 WHAT YOU NEED TO KNOW ABOUT GUARDIANSHIP 331. Who Is Eligible to Be a Guardian? 331.1 What does it mean to be in a position of conflict? 34vi Protect your elderly parents: Become your parents’ guardian or trusteeContents vii2. Who Would Be a Good Choice for Your Elderly Relative? 373. Appointing Joint Guardians 384. Appointing an Alternate Guardian 395. The Powers Given to Guardians by Law 406. How to Know Which Powers You Should Request 416.1 The power to decide the dependent adult’s living arrangements 416.2 The power to decide if the dependent adult will engage in social activities 426.3 The power to decide if the dependent adult will work 426.4 The power to decide the dependent adult’s participation ineducational, vocational, or other training 436.5 The power to decide the dependent adult’s ability to apply for anylicences or permits 436.6 The power to deal with legal proceedings that do not relate to thedependent adult’s property 436.7 The power to make decisions regarding health care 446.8 The power to decide normal day-to-day matters 446.9 The power to physically restrain the dependent adult when necessary 457. Special Power of Purchase of Necessaries 458. Payment for Being a Guardian 459. Restrictions on Guardians 466 HOW A COURT-ORDERED GUARDIANSHIP IS ENDED 471. Removal of a Guardian by the Court 472. Voluntarily Asking to Be Discharged 483. Death of a Guardian 494. Death of the Dependent Adult 497 WHAT YOU NEED TO KNOW ABOUT TRUSTEESHIP 501. Residency Can Be an Issue When Applying to Be a Trustee 502. Who Would Be a Good Choice for Trustee? 513. Powers Given to Trustees by Law 524. Payment for Acting As a Trustee 544.1 Guidelines for Payment by Province or Territory 555. Personal Liability 57viii Protect your elderly parents: Become your parents’ guardian or trustee8 RESTRICTIONS ON TRUSTEES’ ACTIONS 601. Investments 602. Trustee’s Undertakings 623. The Dependent Adult’s Will 623.1 Following the dependent adult’s existing will 634. Using the Dependent Adult’s Money to Support Others 645. Keeping the Trustee’s Money Separate from the Dependent Adult’s Money 676. Conflict of Interest Situations 676.1 The trustee buying property from the dependent adult 676.2 The trustee taking gifts or loans from the dependent adult 677. Beneficiary Designations 689 TRUSTEE FILING OF INITIAL INVENTORY 691. When to File the Initial Inventory 702. Determining which Property to Include in the Initial Inventory 703. Determining the Value of the Property 713.1 Real estate 723.2 Mineral titles and leases 733.3 Vehicles 733.4 Bank accounts, RRSPs, RRIFs, and portfolios 733.5 GICs 743.6 Canada Savings Bonds 743.7 Stocks and shares 753.8 Collections, antiques, and artwork 764. Joint Property 7710 HOW TRUSTEESHIP IS ENDED 781. Discharge of a Trustee by the Court 782. Passing of Accounts is Required 793. Removal of a Trustee by the Court 804. Death of a Trustee 80Contents ix11 HOW TO APPLY TO THE COURT FOR A NEW GUARDIANSHIPAND/OR TRUSTEESHIP 811. Application 812. Supporting Affidavit 823. Consents 843.1 Proposed guardian and/or trustee 843.2 Nearest or next nearest relative 844. Notice of Objection 855. Know When to Consult a Lawyer 866. Orders 8612 FILING DOCUMENTS AT THE COURTHOUSE 881. Which Documents to File 892. Where to Go to File the Documents 893. Cost of Filing 894. Documents Rejected by the Clerk of the Court 8913 SERVING THE DOCUMENTS 921. Who to Serve 932. Service by Registered Mail 933. Personal Service 944. Proof of Service 955. Preparing an Affidavit of Service 9514 WHAT TO DO AFTER THE ORDER IS GRANTED 971. Filing 972. Effective Date of Order 983. Note Review Periods 984. File Inventory 985. Costs of the Application 986. How to Use the Order with Institutions and Businesses 997. Serving Copies on Required Parties 1018. Read the Act 1019. Record Keeping for Guardians 102x Protect your elderly parents: Become your parents’ guardian or trustee10. Record Keeping for Trustees 10311. Be Informed 10315 COURT REVIEWS 1041. Statutory Review Periods 1052. New Medical Evidence Is Needed 1053. New Consents Are Needed 1064. How to Apply for a Review 1065. Documenting the Decisions Made by a Guardian 1066. Documenting the Decisions Made by a Trustee 10716 PASSING OF ACCOUNTS FOR TRUSTEES 1081. What the Passing of Accounts Shows the Court 1081.1 Overall financial picture 1081.2 Maximizing the dependent adult’s financial situation 1091.3 Use of the dependent adult’s property 1101.4 Adequately providing for the dependent adult 1101.5 Living within the dependent adult’s means 1101.6 How the assets are currently held 1101.7 Staying within the trustee’s authority 1102. Setting an Accounting Period 1113. Preparing Financial Statements in Jurisdictions Where There Are No Set Forms 1124. Ledger 1125. Opening and Closing Inventories 1136. Summaries and Reconciliation 1147. Request for Compensation 11617 DEATH OF THE DEPENDENT ADULT 1181. Advise Public Guardian and Trustee 1182. End of Guardianship and Trusteeship Order 1183. Account to the Executor 11918 CHECKLISTS 12119 FORMS ON DL 125TABLES1 Province and Territory Name of Person in Need of Assistance 22 Province and Territory Court-Appointed Guardian Names 43 Province and Territory Court-Appointed Trustee Names 64 Summary of Qualifications to Be a Guardian 355 Initial Court Filing Fee 90SAMPLES1 Ledger 722 Daily Ledger 1133 Opening and Closing Balance Formula 1154 Summary of Income 1155 Summary of Expenses 1166 Reconcile the Accounts 117