Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 164 The Commissioner found that this related to the administration of her son’s estate. The Commissioner recommended the personal information of the Applicant’s son be released to the Applicant. Subsection 59(b) Exercise of rights by other persons 59 Any right or power conferred on an individual by this Act may be exercised: … (b) where a personal guardian or property guardian has been appointed for the individual, by the guardian if the exercise of the right or power relates to the powers and duties of the guardian; The Adult Guardianship and Co-decision-making Act provides a means of protection and assistance for adults who are not able to make sound decisions independently and, as a result, may be vulnerable to personal or financial harm.274 For more information about this Act or about adult guardianship, contact the Public Guardian and Trustee’s office in Saskatchewan. Subsection 59(b) of FOIP provides that where an individual has a personal guardian or property guardian, the guardian can exercise the individual’s rights or powers under FOIP provided it relates to the powers and duties of the guardian. FOIP provides for broader permission for a personal guardian than for the personal representative of a deceased individual. For this provision to apply, the applicant must meet two requirements: 1. Proof of the right to act as the personal guardian or property guardian is required. A guardian is someone who has the authority to make decisions for an adult. A personal guardian makes decisions about an adult’s personal welfare and a property guardian makes decisions about an adult’s finances and property.275 274 Public Guardian and Trustee, Resource, Adult Guardianship in Saskatchewan, Application Manual, January 2002 at p. 2. 275 Public Guardian and Trustee, Resource, Adult Guardianship in Saskatchewan, Application Manual, January 2002 at p. 4.
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