Bill 21 2011

An Act to amend the Substitute Decisions Act, 1992 with respect to powers of attorney

Note: This Act amends the Substitute Decisions Act, 1992.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Section 10 of the Substitute Decisions Act, 1992 is amended by adding the following subsection:

One relative

   (3)  In addition to the restrictions in subsection (2), only one of the witnesses may be a relative of the grantor.

   (2)  Subsection 10 (4) of the Act is amended by striking out "subsections (1) and (2)" and substituting "subsections (1), (2) and (3)".

   2.  Part I of the Act is amended by adding the following section:

Annual accounting

   42.1  (1)  An attorney under a continuing power of attorney shall provide an annual accounting of the following information to the Public Guardian and Trustee:

    1.  The grantor's assets.

    2.  The grantor's liabilities.

    3.  The compensation taken by the attorney.

    4.  All other prescribed information.

Form

   (2)  The annual accounting may include copies of any income tax return filed by or on behalf of the grantor, any bank account records of the grantor or any other prescribed document.

Confidentiality

   (3)  An attorney under a continuing power of attorney shall not disclose any information contained in the annual accounting except,

  (a)  as required by subsection (1) or permitted by subsection (4); or

  (b)  as required by a court order.

Disclosure

   (4)  Upon the request of the grantor, an attorney under a continuing power of attorney shall give a copy of the annual accounting to the grantor.

   3.  (1)  Section 48 of the Act is amended by adding the following subsection:

One relative

   (3)  In addition to the restrictions in subsection 10 (2), only one of the witnesses may be a relative of the grantor.

   (2)  Subsection 48 (4) of the Act is amended by striking out "subsections (1) and (2)" and substituting "subsections (1), (2) and (3)".

   4.  The Act is amended by adding the following Part:

Part ii.1
Register of attorneys

Register of attorneys

   68.1  (1)  The Public Guardian and Trustee shall establish and maintain a register containing the information received under subsections (2) and (3) of,

  (a)  attorneys under continuing powers of attorney; and

  (b)  attorneys under powers of attorney for personal care.

Information

   (2)  After executing a continuing power of attorney or a power of attorney for personal care, the grantor may forward the following information to the Public Guardian and Trustee:

    1.  The name and address of the grantor.

    2.  The name, address and telephone number of the grantor's attorney under a continuing power of attorney, if any, and the grantor's attorney under a power of attorney for personal care, if any.

    3.  For each attorney mentioned in paragraph 2,

            i.  the restrictions, if any, on the attorney's authority, and

           ii.  the date that the attorney's authority took effect.

    4.  The names of the persons or groups of persons to whom the grantor, in the power of attorney, authorizes the Public Guardian and Trustee to disclose information under paragraph 5 of subsection (5).

Update by attorney

   (3)  An attorney under a continuing power of attorney or a power of attorney for personal care shall promptly notify the Public Guardian and Trustee in writing of,

  (a)  any change in the name or address of the grantor; and

  (b)  any change in the name, address or telephone number of the attorney.

Update by P.G.T.

   (4)  The Public Guardian and Trustee shall update the information contained in the register upon receiving new information under subsection (2) or (3).

Disclosure of information

   (5)  The Public Guardian and Trustee shall disclose the information contained in the register with respect to a power of attorney to any of the following persons who request the information, if the person identifies the grantor by name and pays the prescribed fee:

    1.  The grantor's spouse or partner.

    2.  The grantor's children who are at least 18 years old.

    3.  The grantor's parents.

    4.  The grantor's brothers and sisters who are at least 18 years old.

    5.  Any person described in paragraph 4 of subsection (2) if the grantor has forwarded the name of the person to the Public Guardian and Trustee under that subsection.

Confidentiality

   (6)  The Public Guardian and Trustee shall not disclose any information contained in the register except as authorized by subsection (5) or as required by a court order.

Information to attorney

   (7)  The Public Guardian and Trustee shall inform every attorney about whom information is kept in the register about,

  (a)  the existence of the register;

  (b)  the nature of the information kept in the register; and

   (c)  the circumstances, as set out in subsection (5), under which information about the attorney may be disclosed to persons under that subsection.

   5.  Subsection 90 (1) of the Act is amended by adding the following clauses:

(e.5.1) prescribing information for the purpose of paragraph 4 of subsection 42.1 (1);

(e.5.2) prescribing documents for the purpose of subsection 42.1 (2);

(e.5.3) prescribing fees for the purpose of subsection 68.1 (5);

Commencement

   6.  This Act comes into force on the day it receives Royal Assent.

Short title

   7.  The short title of this Act is the Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2011.

 

EXPLANATORY NOTE

The Bill amends sections 10 and 48 of the Substitute Decisions Act, 1992 to provide that only one of the witnesses to a continuing power of attorney for property or a power of attorney for personal care may be a relative of the grantor of the power of attorney.

The Bill adds section 42.1 to the Act, which requires an attorney under a continuing power of attorney for property to provide an annual accounting of information to the Public Guardian and Trustee and, if requested, to the grantor.  The information includes the grantor's assets, the grantor's liabilities and the compensation taken by the attorney.

New section 68.1 of the Act requires the Public Guardian and Trustee to establish and maintain a register of attorneys under continuing powers of attorney for property and under powers of attorney for personal care.  The register contains the following information if the grantor sends it to the Public Guardian and Trustee: the name and address of the grantor, the name, address and telephone number of the attorney, any restrictions on the attorney's authority, the date the attorney's authority took effect and the persons to whom the grantor authorizes the Public Guardian and Trustee to disclose information.  The Public Guardian and Trustee is required, on request and payment of the fee prescribed by the regulations made under the Act, to disclose the information contained in the register with respect to a power of attorney to specified members of the grantor's family and the persons authorized in the power of attorney.