Financial Incapability Assessment – Adult Guardianship Act
What is the Certificate of Incapability Process?
Health authorities can issue certificates of incapability under the Adult Guardianship Act, for adults who they find to be incapable of managing finances. The adult cannot have an appointed substitute decision maker for managing finances or have a substitute decision maker that the health authority believes is not complying with their duties. Issuing a certificate of incapability is a significant decision because it results in a loss of independence and autonomy for the adult, as the Public Guardian and Trustee becomes Committee of Estate/Statutory Property Guardian to manage the adult’s finances.
The Statutory Property Guardianship Regulation, requires that an assessment include both a medical and functional component. It sets out which health care providers, in addition to physicians, are qualified to conduct the functional component of the assessment to determine incapability for managing financial affairs. Registered Psychiatric Nurses (RPNs) are among several disciplines that may be qualified, provided they meet any standards, limits, and conditions set by their respective regulatory colleges.
+ Which RPNs can conduct a functional assessment?
Any RPN that has met the CRPNBC Scope of Practice for RPNs: Standards, Limits and Conditions (section 4.2.3), subject to their employer’s policies, may conduct the functional component of the assessment to determine incapability for managing financial affairs.
+ Can RPNs issue certificates of incapability?
A health authority may designate specific people as having the authority to issue certificates of incapability on behalf of the health authority; this person can be an RPN. Speak to your employer to learn who is designated within your agency.
+ Where can I find more information?
- Review the Statutory Property Guardianship Regulation
- Review the CRPNBC Professional Standards, Scope of Practice Standards and Practice Standards
- Review your employer/organization policies
- Visit the website of the Public Guardian & Trustee of British Columbia:
- Review the document: “A Guide to the Certificate of Incapability Process under the Adult Guardianship Act”
- Complete the course: “A Guide to the Certificate of Incapability Process under the Adult Guardianship Act”.
If you have any questions, contact a CRPNBC Practice Consultant by email at [email protected] or by phone at 604.931.5200 or 1.800.565.2505.