Protect Your Elderly Parents. Lynne Butler
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in the law itself, but the concept of using the courts as a last resort is well entrenched.
A number of alternatives are described in this chapter. Some of them address guardianship issues and some address trusteeship issues. Not every alternative will suit every person. If one of the alternatives (or a combination of them) seems like a solution for a particular elderly relative about whom you are concerned, it is worthwhile to explore that alternative with family members, doctors, and caregivers who care about your relative.
2. Informal Trusteeship
If your elderly relative is receiving benefits from the federal Government, including Old Age Security, Canada Pension Plan, Guaranteed Income Supplement, Spouse’s Allowance, or Survivor’s Allowance, it may be possible for a family member to apply directly to the government to become an informal trustee. This is different from a court-ordered trusteeship in many ways, the main difference being that the informal trustee only has authority to deal with the government benefits. This means, for example, that an informal trustee would have the power to deposit the Old Age Security or Canada Pension Plan cheques and use the money to pay bills, but would not have the power to deal with any other property owned by the dependent adult, such as the dependent adult’s house, investments, or money inherited under an estate. In other words, this kind of informal trusteeship is really only meant for people who do not have other assets besides the government benefits.
However, if the only asset needing attention at the moment is a government pension or benefit, then this option is definitely worth considering. No court application is involved in this process, which means that there are no court fees, no service of documents on other people, and fewer delays. Application for informal trusteeship is made through the Government of Canada, Income Security Programs. They have offices in all provinces and territories as well as a toll-free number (1-800-277-9914).
In order to make an application for informal trusteeship, two forms must be filled out and provided to the government. The first is the Certificate of Incapability, a form that must be completed and signed by the dependent adult’s doctor to provide evidence that the person really does require assistance. The second is the Undertaking to Administer Benefits Under the Old Age Security Act and/or the Canada Pension Plan Act. These forms, as well as assistance in completing them, can be obtained by calling the toll-free number mentioned above. By calling this number, you can also, if you wish, discuss whether informal trusteeship is the right choice for you and your elderly relative.
You can also complete the forms online by accessing the Government of Canada website. These forms are in PDF format so that you complete them by typing the information in the fields provided, and then print the completed forms and mail them to the address provided on the website.
A similar informal trusteeship is also available through Veterans Affairs Canada for seniors who are receiving benefits from that department. In addition, provincial aid programs for individuals with mental or physical disabilities that prevent them from working also allow and encourage informal trusteeship. If your elderly relative is receiving disability benefits of any kind from the government, you can inquire about informal trusteeship to the program that pays the benefits.
If you become an informal trustee for your relative, you will have the legal authority to collect the dependent adult’s monthly cheque, deposit the cheque in the bank, and use the money to pay the dependent adult’s bills. It does not give you the authority to use any of the dependent adult’s money for yourself or to pay yourself. Nor does it give you the authority to touch any of the dependent adult’s other money or property.
One of the advantages of informal trusteeship is the initial cost of becoming a trustee, which is significantly less because no application to the court is required. Another advantage is the simplicity and quickness of the application process. There is also the advantage that informal trustees are not required to make appearances in front of a judge to account for their trusteeship.
The disadvantage is that the scope of the informal trustee’s authority is limited only to the government benefit and not any other assets of the dependent adult. You should consider both the advantages and the disadvantages when determining whether this approach would work for you.
3. In-Home Support
If the issues facing your relative are largely due to physical limitations and not loss of mental capacity, you might consider assisting your relative to continue to live in his or her own home, if he or she so wishes. This may be possible if you can make arrangements for appropriate in-home support.
The move to a senior’s residence or long-term care facility can in itself trigger the need for a guardianship order because it removes an elderly person from familiar surroundings and an existing support system. Helping your relative live at home longer could prevent, or at least postpone, the need to apply to the court for a guardianship order.
The test for whether or not an elderly relative can and should be assisted with living in his or her own home with support is, of course, whether staying at home is in the best interests of that elderly relative. Continuing to live in his or her own home could be in the best interests of an elderly person who does not wish to move away from an area that includes his or her friends, place of worship, children, or convenient services. Removing a person in this situation from his or her home would in effect deprive this person of friends, social network, or ability to attend church. This tends to add to loneliness, isolation, and unhappiness for older people.
Many older individuals also have a strong sentimental attachment to the home in which they lived their married lives and raised their children and do not want to leave their homes until it becomes absolutely necessary to do so. The emotional impact of leaving the home should be taken into consideration if at all possible.
Prospective guardians should respect the dependent adult’s wish to remain at home as long as it is feasible to do so. This wish to remain in the home must be balanced against practical concerns such as safety, mobility, nutrition, and hygiene.
In most large- and mid-sized communities in Canada, you will be able to arrange for nurses or nursing aides to come into the dependent adult’s home on a regular basis. Nurses can assist your elderly relative with taking medication or giving injections, or with specialized medical needs such as foot care for diabetics or physical therapy. Aides may provide help with bathing, personal grooming, and transfer from bed to wheelchair. In small communities you may not have access to trained personnel and private service companies as easily as you would in a large city. However, you may find there is more support from family, friends, and neighbours who live nearby and who are willing to take on some of these tasks.
Other valuable in-home resources are companies, organizations, or individuals that will —
• bring nutritious, prepared meals to the dependent adult’s home;
• do housecleaning on a regular or occasional basis;
• transport senior citizens to appointments;
• shovel snow and clear walkways;
• rake leaves and mow grass;
• walk the dependent adult’s dog;
• do small repairs and handyman jobs;
• deliver groceries; and
• deliver prescriptions.
Another factor that will likely be part of your evaluation of whether remaining in the home is in the best interest of your elderly relative is the cost of these services. Seniors may find that living on a fixed income does not allow for the payment for these services. If you are exploring this option, be sure to contact federal and provincial government agencies to ensure that you are aware of all funding and benefits that are available.
Another good idea is to make sure that your elderly relative has a cellular telephone and that he or she has it when away from home. It can be invaluable in emergency situations. If remembering telephone numbers is a problem, program them into the telephone’s memory and show your relative