The Commission sets out proposals to improve civil rights in Saskatchewan’s long-term care facilities. Many are unfamiliar with rights in long-term care, including how to assert those rights and seek remedy for their breach. The Commission’s focus in this report is on violations involving non-physical abuse that are not effectively addressed by existing protocols.
Some argue that not all people requiring fiduciary services can afford or qualify for those services from trust companies, and so other corporations should be permitted to provide fiduciary services. The Commission finds that current legislation ensures that the fullest protection comes from trust companies and that there is no need to allow other corporate fiduciaries to provide these services.
There is grave concern among families and professionals over the treatment of residents of special care homes. This discussion addresses the adequacy of existing civil rights protections, whether Saskatchewan should legislate a Residents’ Bill of Rights, and how to investigate and protect the civil rights of residents.
At present, only trust companies are permitted to act as corporate trustees, executors, and administrators in Canada. However, trust companies have increasingly become multi-purpose financial institutions. The trust and fiduciary part of their business has diminished in importance. At the same time, because of our aging population, more people require assistance to manage the wealth they have accumulated over a lifetime, and may require a variety of fiduciary services. In other jurisdictions, including the United States, Britain, and other Commonwealth countries, trust and fiduciary services are more widely available, and more varied in content. This consultation paper examines the law governing corporate trustees and fiduciaries in Saskatchewan, and asks whether the monopoly on trustee services currently possessed by trust companies is still necessary. This project is part of the Commission’s focus on legal issues affecting the elderly.
Guarantees of loans from financial institutions by a family member of the borrower can be problematic, especially if the guarantor is a vulnerable elderly person. The Commission recommends consumer protection measures to protect guarantors, including enhanced mandatory disclosure by financial institutions of the legal effects of guarantees.
This consultation paper investigates loans made by one family member to another, and guarantees of loans obtained from financial institutions by a family member of the borrower. Both are common, and are often ways in which a parent can help an adult child financially. Unfortunately, both can also lead to misunderstanding. Potential problems are greatest if the lender or guarantor is a vulnerable elderly person. In such cases, the financial transaction may amount to elder abuse.
Reverse mortgages allow seniors to use equity in their homes while remaining in the home. The interest is allowed to accumulate, and is paid off when the person dies or leaves the home. There are various benefits and drawbacks to reverse mortgages. The Commission looks to regulation of these loans, including the need for full disclosure and independent advice and counselling.
Gaps in the Powers of Attorney Act have left those who wish others to administer their affairs vulnerable to abuse and without adequate guidance. The Commission suggests addressing a number of issues, including standard forms, a standard test of capacity, criteria of admissibility for attorneys, the effect of death or divorce on power of attorney, and appointment of a corporate attorney under an enduring power.