The Adult Guardianship Act (AGA) is a law in British Columbia for protecting adults with an illness, disease, injury, or condition that makes them vulnerable to abuse, neglect, and/or self-neglect.
The legislative components of the AGA have been continually refined and clarified over the years, in brief:
Section 59 (Emergency assistance) of the AGA allows for urgent action by a designated agency (e.g. - a regional health authority) if there is both imminent risk AND the following criteria are met:[1]
A section 59 requires a signature by a designated responder, NOT a physician. Under these emergency assistance provisions, the designated agency has the authority to enter any premises where the adult is located. The agency may do so without a warrant, use any reasonable force, remove the adult to a safe place, and provide emergency health care. The authority to act under Section 59 can also continue until the circumstances that resulted in the original emergency have been remediated.
The Statutory Property Guardianship (SPG) (AGA Part 2.1) provides the criteria, conditions, standards, rights notifications of an adult to be certified as incapable of managing finances for when the Public Guardian and Trustee (PGT) will taking over the financial affairs. Physicians may be requested by the PGT to complete the medical component of the SPG.
Population protected | Key Questions | For involuntary hospital admission | For maintenance of involuntary hospital admission | For involuntary treatment of a mental illness | For involuntary treatment of a medical illness | For transfer to long-term care or a designated facility | |
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Mental Health Act (MHA) | Adults with mental illness who need treatment but are not willing to accept it | 1. Does the person have a mental disorder? 2. Is psychiatric treatment required in/through a designated facility? 3. Is it required to prevent substantial mental/physical deterioration or to protect self/others? 4. Is voluntary admission suitable? | Form 4 (Medical Certificate) | • Form 4 • Form 6 | Form 5 (Consent for Treatment) | Form 5 (Consent for Treatment), but only if medical illness is felt to be causing the mental disorder (e.g. - mania secondary to hyperthyroidism)* | Form 20 (Leave Authorization) |
Adult Guardianship Act (AGA) | Adults with an illness, disease, or injury, or condition that makes them vulnerable to abuse or neglect. | 1. Is there abuse, neglect, self neglect? 2. Is the adult unable to seek support and assistance? 3. Emergency Assistance situations only: 3a). Do we have to act without delay to preserve life or to prevent serious harm? 3b). And, is the adult incapable to consent? | Section 59 (Emergency assistance) | Section 59 (Emergency assistance) | • Section 59 (Emergency assistance) • Sections 47 to 51 (Support and assistance)† | • Section 59 (Emergency assistance) • Sections 47 to 51 (Support and assistance)† | • Section 59 (Emergency assistance) • Sections 53 and 56 (Support and assistance)† |