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The Public Guardian and Trustee (PGT) provides a number of other protective services on behalf of vulnerable adults. These include: S.112 Estate Administration Act Notices When administering the estate of a person who has died, the person applying for a grant of letters of administration or probate of an estate must serve notice and a copy of the will if there is one, to everyone who is:
If a person in any of the above categories is or may be mentally incapable or has a representative or committee, the notice must be provided to the person's representative or committee and the PGT. Section 112 of the Estate Administration Act specifies the form of the notice and the information that must be provided to the PGT. The PGT examines the documents provided and makes appropriate inquiries to ensure that rights of the mentally incapable person are protected. The PGT may monitor the actions of a private committee to ensure that he or she is taking appropriate steps or may encourage a family member to seek authority to deal with the issues. The PGT may also take direct action by seeking the appointment as committee to pursue an action under the Wills Variation Act on behalf of the mentally incapable adult. Wills Variations The PGT may be called on to pursue a claim on an adult client's behalf under the Wills Variation Act . In general, the same principles apply to wills variation proceedings brought by capable and incapable individuals; the only distinguishing factor is that adults who are mentally incapable are often more in need of financial support than those who are capable of managing their affairs. “Need” is one of the elements considered when the court determines whether an individual is entitled to relief under the Wills Variation Act . Therefore, in assessing whether to pursue a claim, the circumstances of the individual and the family's financial situation will be considered. Review under the Community Care and Assisted Living Act A licensee, which includes an officer, director, agent, designate or employee, of a community care facility must not persuade or induce or attempt to persuade or induce a person in care or a resident to: make or alter his or her will; make a gift; provide a benefit for the licensee or a spouse, relative or friend of the licensee the above; or conduct the financial affairs of the person in care for the benefit of the licensee, the licensee's spouse, relative or friend. A provision in a will, gift, or other benefit to a licensee, the licensee's spouse, relative or friend, is void unless the Public Guardian and Trustee gives written consent to it. The PGT is mindful of the vulnerable situation in which persons in care or a resident of care facilities find themselves. An investigation is carried out to determine whether the will, gift or benefit was made without any inappropriate or undue influence being exerted on the person, that the person had the necessary capacity to make a will, gift or confer the benefit, and the circumstances are appropriate. The PGT may contact the care facility, the witnesses to the will, any lawyer or notary public involved in drafting the will, and any medical staff, relatives, or service providers who may have information about the testator's capacity and the extent to which such a bequest, gift or other benefit was likely to be voluntary. Whether the circumstances are considered appropriate depends on many factors, such as the conduct of the management and staff of the care facility, the amount of the bequest absolutely and in relation to the entire estate, and whether there are dependants of the person whose reasonable expectations would be negatively affected by the bequests. If the PGT is satisfied, it will provide a letter of consent. |
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