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AISH Program Policy

Published Date: April 30, 2015
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Personal Representatives

AUTHORITY

Assured Income for the Severely Handicapped Act, section 6(2) and 6(3)
Assured Income for the Severely Handicapped General Regulation, sections 12, 13 and 14

INTENT

To assist clients who require help with financial decision-making.

POLICY

Circumstances may arise where a client requires help making financial decisions. In these situations, a third party may be appointed to receive and administer benefits on behalf of the client. This third party is generally referred to as an informal trustee or personal representative. For the AISH program, personal representatives can be a financial administrator, a trustee, or an attorney.

Personal representatives have the same responsibility as AISH applicants and clients to provide information about the applicant or client they represent. Further information about program requirements can be found in the Eligibility and Maintaining Eligibility sections.

Financial Administrator under the AISH Act

An informal trustee appointed under the AISH Act is called a financial administrator. The financial administrator is normally appointed with the client’s consent. However, there are situations where the client does not have the mental or physical capacity, or will not provide consent for the appointment. In these cases, AISH may appoint a financial administrator to act on behalf of the client.

Clients may be in need of a financial administrator when:

  • The client lacks the mental capacity to use their benefits in a way that meets their basic needs; or
  • The client has established a pattern of using their benefits in a way that they are putting their health at risk. This may include the continual loss of housing due to non-payment of rent, or failure to purchase food or other necessities.

Some clients already have personal representatives who have the authority to administer their benefits and their other financial resources.

Revocation of Financial Administrator

A financial administrator appointment may be revoked under the following conditions:

  • If AISH determines the financial administrator has not acted in the best interests of the client;
  • If AISH determines the financial administrator has not fulfilled his or her responsibilities and duties;
  • If AISH determines a financial administrator is no longer required;
  • If the financial administrator was appointed with client consent and the client provides written notice to cancel their consent;
  • If the client is no longer receiving AISH benefits; or
  • If the financial administrator provides a 30-calendar day written notice to AISH ending their obligation.

AISH Benefits Administration

Clients who do not have a financial administrator but would like assistance managing their AISH benefit may apply to the AISH Benefits Administration Program.

Trustee Appointed under the Adult Guardianship and Trusteeship Act

The Court may appoint a trustee for a client, who is not under the authority of the Minister of Indigenous and Northern Affairs Canada (INAC), formerly Aboriginal Affairs and Northern Development Canada (AANDC), if the Court is satisfied the client is unable to make reasonable decisions regarding their estate and that it would be in their best interest to have a trustee.

If a client has had a trustee appointed for them by the Court, the trustee has the authority to receive and administer the client’s AISH benefit and does not need to be appointed as a financial administrator. The court order appointing the trustee must be provided to AISH.

Administrator Appointed under the Adult Guardianship and Trusteeship Act

Under the Indian Act (Canada)the Minister of INAC may appoint an administrator for a Status Indian who has been deemed to be a dependent adult according to the Adult Guardianship and Trusteeship Act of Alberta and is ordinarily resident on-reserve (at the time of the appointment). The documentation indicating that the Minister of INAC has invoked its authority must be provided to AISH.  

Attorney Appointed Under a Power of Attorney

An Attorney is an adult appointed by a client to manage their estate on their behalf. The client does this by completing a legal document called a Power of Attorney.

There are various types of Powers of Attorney. They may take effect immediately upon the client signing the document, or they may require a pre-determined event to occur before the Power of Attorney can take effect. Often, the pre-determined event is the mental incapacity of the client. In these cases, the Attorney must have a medical note from one or more physicians indicating the client has lost mental capacity.

If a client has an Attorney, the Power of Attorney document must be provided to AISH along with any documentation required to bring the Power of Attorney into effect. The terms of the Power of Attorney are reviewed to ensure that the Attorney has the authority to receive and administer the client’s benefits. If it does not, the Attorney must make an application to a court to be appointed trustee or seek an appointment as the financial administrator for the client.

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