Emergency Applications

What types of emergency applications are there?  

There are 3 different applications to address emergency situations that may arise.

1. Appointment of an emergency substitute decision maker where no legal decision maker is in place to act on behalf of an adult living with an intellectual disability.
2. An emergency variation application where there is a need to vary an existing substitute decision maker appointment.
3. An emergency suspension and replacement application where there is a need to temporarily suspend the appointment of an existing substitute decision and appoint a replacement in the interim.

When would an emergency substitute decision maker be needed?

Under the act, the Commissioner has the power to appoint an emergency substitute decision maker where none currently exists.  An emergency substitute decision maker may be needed in situations where:

• there is immediate danger of death, serious harm, or deterioration to the physical or mental health of the person,
• there is a serious loss to their property;
• the person involved:
• is an adult living with an intellectual disability as defined in the act;
• is incapable of personal care or managing their property; and
• needs decisions to be made on their behalf on an emergency basis to prevent the danger described above; and
• prompt action is required in view of the nature and urgency of the situation.

The above are the criteria used by the Commissioner to assess and decide whether or not an emergency substitute decision maker will be appointed.

When would an emergency suspension and temporary replacement of an existing substitute decision maker application be needed?

Under the act, the commissioner has the power to suspend an existing substitute decision maker appointment and appoint a temporary replacement on a short-term basis. An emergency suspension and temporary replacement of an existing substitute decision maker may be needed in situations where:

• there is immediate danger of death, serious harm, or deterioration to the physical or mental health of the person,
• there is a  risk of serious loss to their property;
• the existing substitute decision maker has:
• failed to act in accordance with the terms and conditions of their appointment; or
• acted in an improper manner or in a manner that has endangered or may endanger the well-being or property of the person;
• prompt action is required in view of the nature and urgency of the situation; and
• the person subject to the appointment needs decisions to be made on their behalf on an emergency basis to prevent the danger described above.

The above are the criteria used by the Commissioner to assess and decide whether or not an emergency suspension of the existing substitute decision maker’s appointment will be made.