Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 165 To become a personal or property guardian, an application must be made to the Court of King’s Bench to be appointed. Proof could include a copy of the court order naming the person as personal or property guardian. The role of personal or property guardian can be permanent or temporary. 2. Proof that disclosure of the requested information relates to the powers and duties of the guardian. The court determines what matters come under the authority of the personal or property guardian. Section 15 of The Adult Guardianship and Co-decision-making Act provides several matters that can fall under the authority of an appointed personal guardian. This includes for example, decisions where and with whom the individual will live, what social activities the individual will engage in, what educational, vocational or training the individual will participate in. The court order may include limitations or conditions that it deems necessary. A property guardian has authority for all financial and property matters except for any limitations or conditions indicated in the court order.276 Section 43 of The Adult Guardianship and Co-decision-making Act outlines the authority of an appointed property guardian. An applicant can provide a copy of the court order which would outline the matters the guardian has authority over. The applicant should explain what the information is needed for, and it should be within the scope of the powers and duties set out in the court order. IPC Findings In Review Report 047-2021, the Commissioner considered subsection 59(b) of FOIP. The applicant had submitted an access to information request to the Ministry of Social Services (Social Services). The applicant sought access to information pertaining to another individual whom the applicant asserted they were the personal guardian for pursuant to subsection 19(1) of The Adult Guardianship and Co-decision-making Act. The applicant included a copy of a completed Form N- Order Appointing a Decision-Maker of the Court of Queen’s Bench for Saskatchewan (a Guardianship Order). Social Services responded to the applicant indicating that it was working to establish legal authority to release the requested records to the applicant. After some delay and no response, the applicant requested the Commissioner review the matter. Upon review, the Commissioner found that the first part of the two-part 276 Public Guardian and Trustee, Resource, Adult Guardianship in Saskatchewan, Application Manual, January 2002 at p. 6.
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