Bill 113 explained in plain English
Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2010
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 113, the Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2010, amends the Substitute Decisions Act, 1992, to enhance protections related to powers of attorney by limiting relative witnesses, requiring annual accounting from attorneys, and establishing a register of attorneys.
This bill amends the Substitute Decisions Act, 1992 to strengthen protections for individuals granting powers of attorney. It limits the number of witnesses who can be relatives when a power of attorney is created. It also requires attorneys acting under a continuing power of attorney for property to provide annual accounting reports to the Public Guardian and Trustee, including information on the grantor's assets, liabilities, and the attorney's compensation. Additionally, it establishes a register of attorneys maintained by the Public Guardian and Trustee, which can be accessed by certain family members upon request and payment of a fee. The bill also requires the Public Guardian and Trustee to inform attorneys about the register and the circumstances under which information about them may be disclosed.
- Amends the Substitute Decisions Act, 1992 to change rules around powers of attorney.
- Limits to one the number of witnesses who can be a relative when a continuing power of attorney for property or a power of attorney for personal care is made.
- Requires an attorney acting under a continuing power of attorney for property to provide an annual accounting of the grantor's assets, liabilities, and the attorney's compensation to the Public Guardian and Trustee.
- Allows the attorney to provide this annual accounting to the grantor upon request.
- Establishes a register of attorneys for continuing powers of attorney for property and powers of attorney for personal care, maintained by the Public Guardian and Trustee.
- Specifies the information that may be provided by the grantor to the Public Guardian and Trustee for the register.
- Requires attorneys to promptly notify the Public Guardian and Trustee of changes to the grantor's or attorney's contact information.
- Allows the Public Guardian and Trustee to disclose information from the register to the grantor's spouse, adult children, parents, adult siblings, and other specified individuals upon request and payment of a fee.
- Requires the Public Guardian and Trustee to inform attorneys about the existence and nature of the register and how their information may be disclosed.
- Grants regulation-making power related to prescribed information, documents, and fees for the new provisions.
- Individuals who grant powers of attorney (grantors).
- Individuals acting as attorneys under a continuing power of attorney for property or a power of attorney for personal care.
- The Public Guardian and Trustee.
- Relatives of grantors of powers of attorney.
- Spouses, adult children, parents, and adult siblings of grantors of powers of attorney.
- Grantors have the right to request a copy of their attorney's annual accounting.
- Attorneys for property must provide an annual accounting to the Public Guardian and Trustee.
- Attorneys must promptly notify the Public Guardian and Trustee of changes to grantor or attorney contact information.
- The Public Guardian and Trustee must maintain a register of attorneys.
- The Public Guardian and Trustee must disclose information from the register to specific family members upon request and payment of a fee.
- Grantors can authorize disclosure of information to specific individuals through the power of attorney document.
- The Act comes into force on the day it receives Royal Assent.
- Attorneys for property must report their compensation.
- A fee may be prescribed for accessing information from the register of attorneys.
- The bill does not specify what 'prescribed information' or 'prescribed documents' are for the annual accounting, or what the 'prescribed fee' for accessing the register will be. These details would likely be set out in regulations.
- The bill does not specify penalties for non-compliance with the new requirements.
Changes rules regarding powers of attorney, including witness requirements, attorney accounting, and the creation of a register of attorneys.
Source: Various sections
Adds a provision that only one witness to a continuing power of attorney for property can be a relative of the grantor. It also updates subsection 10(4) to include this new restriction.
Source: Section 1 of the Bill
Adds a provision that only one witness to a power of attorney for personal care can be a relative of the grantor. It also updates subsection 48(4) to include this new restriction.
Source: Section 3 of the Bill
Inserts a new section requiring attorneys under a continuing power of attorney for property to provide an annual accounting of the grantor's assets, liabilities, and the attorney's compensation to the Public Guardian and Trustee.
Source: Section 2 of the Bill
Establishes a new Part that requires the Public Guardian and Trustee to create and maintain a register of attorneys under continuing powers of attorney for property and powers of attorney for personal care.
Source: Section 4 of the Bill
Adds new clauses that allow for regulations to be made regarding the information and documents required for annual accounting and the fees for accessing the attorney register.
Source: Section 5 of the Bill
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textProcess Snapshot
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced