Changes and Reviews of an Appointment

What changes can be made to an existing appointment?

Any person may apply to the Commissioner for the termination or variation of an existing substitute decision maker appointment or for the replacement of a substitute decision maker who has died or whose appointment has been terminated. The Commissioner may also initiate an application to terminate, vary or replace an appointment.  
 
The Application process is similar to the one for the original substitute decision maker appointment, with the primary distinction that the Commissioner may consider these applications without referring them to a hearing panel. If the Commissioner considers an application without referring it to the hearing panel, the applicant and the persons notified of the application are given an opportunity to present information in writing for the Commissioner’s consideration.
 
The Commissioner may refuse to consider an application for termination, variation or replacement which is considered by the Commissioner to be frivolous or vexatious, and if so, the Commissioner will notify the applicant and the vulnerable person.
 
Those receiving notices during the variation or termination/replacement application process can submit a request in writing to the Commissioner for written reasons for his/her decision.

 

How long does the variation and termination/replacement application process take?

Depending on the particular circumstances surrounding the application made and whether the application is sent to a hearing panel, the timeframe can vary from four to eight weeks.
 
 

When is a variation to an appointment application needed?

An application to vary a substitute decision maker appointment is required in situations where there is a need to:
 
  • vary the powers or duties of the existing substitute decision maker;
  • vary the terms and conditions of the appointment;
  • vary the duration of the appointment, but not extend it beyond five years from the effective date of the original appointment; or
  • appoint an eligible person as an additional or alternate substitute decision maker for personal care or property, on such terms and conditions as the Commissioner considers appropriate.
The Commissioner cannot provide an existing substitute decision maker who only has authority for personal care, with powers respecting property and vice versa. In these situations, a new application must be submitted.
 
The application forms and information which are necessary when applying for a variation to the appointment of a substitute decision maker are:
  1. Variation Application (PDF 304KB)
  2. Protection of Privacy (PDF 32KB)
  3. Schedule B - Consent Form for Consideration of Appointment as Substitute Decision Maker (PDF 56KB)
  4. Schedule C - Criminal Record, Child Abuse Registry and Adult Abuse Registry Checks (PDF 48KB)

When is a termination and/or replacement application needed?

A Termination and/or replacement application is needed in situations where:
 
  1. The vulnerable person no longer needs a substitute decision maker to act on his or her behalf

Where a replacement substitute decision maker is needed because the existing substitute decision maker:

    • has died;
    • is unable or unwilling to act in this role;
    • has failed to act in accordance with the legislation or the terms and conditions of his or her appointment;
    • has acted in a manner which is improper or endangers the well-being or property of the vulnerable person; or
    • is no longer suitable to act as the vulnerable person’s substitute decision maker
The replacement substitute decision maker will have the same powers and duties as the substitute decision maker he or she replaces and the new appointment will be subject to the same terms and conditions as the original appointment.
 
The application forms and information which are necessary when applying for the termination and/or replacement of appointment of a substitute decision maker are:
  1. Termination of the Appointment and/or Replacement of a Substitute Decision Maker (PDF 348KB)
  2. Protection of Privacy (PDF 32KB)
  3. Schedule B - Consent Form for Consideration of Appointment as Substitute Decision Maker (PDF 56KB)
  4. Schedule C - Criminal Record, Child Abuse Registry and Adult Abuse Registry Checks (PDF 48KB)
 

What if changes need to be made on an emergency basis?

See Emergency Applications for provisions that allow for situations to be dealt with on an emergency basis.
 

Can an existing appointment be renewed or extended beyond the initial appointment period?

Yes, however the appointment must be reviewed first.
 

What is the purpose of a review before renewal?

The purpose of the review is to determine whether the criteria for an appointment of a substitute decision maker continue to be met and if so:
 
  • whether the appointment of the substitute decision maker should be renewed or whether another person should be appointed;
  • whether an additional or alternate substitute decision maker should be appointed; and
  • whether the powers, terms or conditions of the appointment should change.
 

What are the steps in the review before renewal process?

The review process is initiated by the Office of the Vulnerable Persons’ Commissioner six months prior to the expiry of the substitute decision maker’s appointment. 
 
Information is gathered from the substitute decision maker(s) and the vulnerable person’s Community Service Worker or Social Worker using the Review Document questionnaire.
 
If the Commissioner considers a review without referring it to a hearing panel, notification is provided to the vulnerable person, the vulnerable person’s nearest relative, as well as the substitute decision maker and the Community Service Worker/Social Worker, and any other person the Commissioner considers appropriate. All parties are given the opportunity to present information in writing for the Commissioner’s consideration. In addition all parties are given an opportunity to object to the matter not being heard by a Hearing Panel. If such an objection is made, the application is referred to a hearing panel.
 
If, after considering all the information gathered, the Commissioner determines that the vulnerable person still requires a substitute decision maker, the Commissioner may renew the existing appointment, appoint a different or additional or alternate substitute decision maker and may vary the powers and terms and conditions of the appointment.
 
If the Commissioner determines that one or more of the criteria for the appointment of substitute decision maker are no longer met, the Commissioner will not renew the appointment.
 
Notice of the decision will be sent to the vulnerable person, the appointed substitute decision maker and all other persons who were notified of the review.
 
Those receiving notices during the review process can submit a request in writing to the Commissioner for written reasons for his or her decision.
 
The following forms and information are necessary when conducting a review before the renewal of appointment of a substitute decision maker.
  1. Review Document (PDF 264KB)
  2. Protection of Privacy (PDF 32KB)
  3. Schedule B - Consent Form for Consideration of Appointment as Substitute Decision Maker (PDF 56KB)
  4. Schedule C - Criminal Record, Child Abuse Registry and Adult Abuse Registry Checks (PDF 48KB)

Can an appointment be renewed more than once?

Yes, an appointment may be renewed more than once. However, a review is undertaken before each renewal.
 

What can I do if I disagree with the Commissioner’s decision?