If no progress can be made dealing with the PGT representative or their
supervisor, it may be necessary to file a complaint with the provincial
Ombudsman. There is no guarantee that the Ombudsman will resolve the
situation. However, if many complaints are received, it may produce pressure for
a larger scale reform of the system. Although the Ombudsman can only
investigate and make recommendations, his recommendations carry political and
moral suasion.
a. Obtaining Accounting from PGTThe PGT will provide clients with periodic financial statements accounting for
their actions in relation to the client’s property. Unfortunately, many clients find
the accounting provided to be very difficult to understand. The information is
generally not provided in an easy to understand format. The inability to make
sense of the accounting can cause clients to fear that the PGT is trying to hide
improper behaviour.
In most cases, going through the accounting with a client item by item, can go a
long way to resolving these fears. A lawyer may request such a meeting with the
PGT representative and their client.
- Statutory Guardians (other than PGT)
A statutory guardian is subject to the obligations and fiduciary duties outlined in
the SDA. If a guardian is failing to live up to their duties and obligations, it may be
possible to call on the PGT to step in and investigate or remind the guardian of
their obligations. At the same time, it may be possible to negotiate with the
guardian or set up mediation to help bring the guardian and the ‘incapable’
person together to discuss their concerns with the assistance of a professional
mediator. As mentioned above, this requires the co-operation of the guardian.