ADULT GUARDIANSHIP AND ADULT PROTECTION LEGISLATION IN CANADA - RECENT REFORMS AND FUTURE-PROBLEMS

The recent introduction of new adult guardianship legislation in Briti sh Columbia, Ontario, Manitoba and the Northwest Territories signals t he arrival of the third wave of guardianship law reform in Canada sinc e the mid 1970s. The first wave appeared in Alberta in the form of the Dependent Adults Act which was replicated, in part, in Saskatchewan. The second wave affected only the Atlantic provinces and consisted of new adult protection legislation aimed primarily (but not solely) at c ases of elder abuse or neglect. The third wave of reform involves, amo ngst other things, the enactment of omnibus adult guardianship statute s that include adult protection provisions. Some potential problems ar e examined including an untenable fusion of guardianship and protectio n procedures; an excessive reliance upon potentially expensive and fis cally vulnerable advocacy services; and an increase in abuse and negle ct as a result of the removal of various ''paternalistic'' safeguards.