Adults Living with an Intellectual Disability
Appointment Of The Public Guardian and Trustee
An application can be made to the The Commissioner for Adults Living with an Intellectual Disability (CALID) to have a substitute decision maker appointed for an adults living with an intellectual disability. The substitute decision maker can be appointed to make only decisions the person is incapable of making on his or her own, or with the help of a support network. The support network is not a formal entity under the legislation, but is recognized as a group of volunteer care providers or friends who informally help the individual.
If the person does not have anyone else willing or able to make decisions on his or her behalf, The Public Guardian and Trustee can be appointed as a substitute decision maker. Applications are initiated primarily by community services workers for those people who are living in the community, or by social workers in developmental centres where the people may live.
As a substitute decision maker, The Public Guardian and Trustee delegates the day-to-day supervision of clients to a regional health authority and regional managers of Family Services throughout the province. This delegation allows for increased community contact with the clients, and any requests for more intensive involvement by The Public Guardian and Trustee are acted upon as necessary.
Frequently Asked Questions:
What powers does The Public Guardian and Trustee have as substitute decision maker?
As substitute decision maker, The Public Guardian and Trustee's responsibilities can include:
- decisions involving property only
- decisions involving personal care only
- decisions involving both property and personal care
Each appointment by the The Commissioner for Adults Living with an Intellectual Disability (CALID) states the responsibilities of The Public Guardian and Trustee, based on the client's abilities and involvement of family or others. For example, it is not uncommon for a person to have a family member appointed as their substitute decision maker for personal care, and The Public Guardian and Trustee appointed as their decision maker for property.
How long does an appointment as a Substitute Decision Maker last?
Each appointment is for a fixed term to a maximum five years. Then, the client's case is reassessed by The Commissioner for Adults Living with an Intellectual Disability (CALID) for any necessary changes. Often, appointments are renewed.
Can the appointment be reassessed and changed before expiry of the term?
An application can be made to The Commissioner for Adults Living with an Intellectual Disability (CALID) at any time to have an appointment reviewed. If it is found that the person does not need help with decision making, or if there is someone else suitable to help, the appointment may be ended.
