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So You Want To Take My License?

Do you have privacy if you are dead

 According to the constitution, we have the right to life, liberty and security of person.  If a person is dead or declared a non-person, that person has no right to privacy.   Once you are dead, you no longer need security of person. 

Thus, if a person is physically dead or is a non-person (civil death) then there would be no reason for agencies like the public guardian and trustee not to share contact information.  I want to know if my neighbour is vulnerable.

And, once a person is said to be incapable under an enduring power of attorney and/or a section 9 representation agreement, the person is civilly dead and he has no right to privacy. 

The banks monitor their clients for abuse and so should neighbours.  

I would like to know if my neighbour has agency.  A non-person cannot make a contract.  

My definition of "neighbour" means globally.  

With privacy comes the death of historians:  how can history be written without access to information.

Court Ordered Committee or Committee by Certificate of Incapability

 I find the Court Ordered Committee and Committee by Certificate of Incapability very confusing.

It seems that a Court Ordered Committee has transparency, but the Certificate of Incapability does not.

There is something inherently wrong with the Certificate of Incapability process.  It reminds me of the process the Star Chamber Courts followed in England centuries ago.  Decisions were made in secrecy without due process and with no appeal. The tribunal was allowed to torture an accused but not kill him, much like giving morphine to a patient but not killing him.  But if you torture an accused too much or if you give a patient too much morphine, they will die.  

The Public Guardian and Trustee does an investigation, makes a recommendation, sends it to a health authority designate (an employee of VCHA), and after reading the recommendation, the HAD signs the certificate, probably from the bottom of his "to-do list." The subjected person becomes a nonperson, and the Public Guardian and Trustee becomes the committee of this now nonperson who before was a person. What happens to the nonperson if he was relocated...I do not know, and there is no way for the public to know, as such information is confidential.

Under privacy, the public is not entitled to know.  In New Zealand, identifying those under guardianship is against the law.  And the person elected cannot identify himself. And the press is gagged. It must be the same in British Columbia. These evils must be replicated in other jurisdictions.  

I remember when Randy, my husband, was being relocated by VGH to a long care facility, no one at VCH would tell me what happened to him.  I still remember the terror of not knowing. From the day of his accident and for six months, I visited Randy every day. Never had a problem.  When I approached the nursing station, the eight nurses at the nursing station looked down at me as if they enjoyed watching me being in a state of confusion and terror. Not one of them broke rank and told me.  And they all knew. Again it was privacy.  It was against policy to tell where a patient was being transferred to. The nurses did not tell me that it was a privacy/policy thing. It was cruel. And what would have happened to anyone of them if one of them told me. Nothing. The absurdity of privacy.  It harms.  It does not protect. It isolates.  It drove me to the edge of madness.

My mind went back to the first time I spoke with a social worker at VGH, it was the end of her shift, and she was in a hurry to leave.  Her words to me were to forget about Randy as they would look after him. And she ran out the door. Who were they? And who was she? From that moment on, I became inwardly afraid but I did not know why. The social worker's foregone conclusion was based on arrogant stupidity. Later I learned that a social worker is an officer of the court, and I was right to be apprehensive.

No privacy when you are a non-person (incapable)

 When the state decides that a person is incapable, thus making the person a non-person, I want to know who that person is. That person has to be protected by the community at large.

 A non-person is a person that has no rights. Alluding that a non-person has rights is a fiction. It is a civil death. 

And according to common law, a non-person has no right to privacy, so there is no reason not to publish their names.  

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Why the public guardian and trustee should publish names of those that are incapable

 How would anyone know if a person is incapable to contract (have agency) unless there is a register published by the Public Guardian and Trustee available to the public.  

Adult Guardianship Act BC

Transfer of property by incapable adult

60.2   (1)If an adult transfers an interest in the adult's property while the adult is incapable, the transfer is voidable against the adult unless

(a)the interest was transferred for full and valuable consideration, and that consideration was actually paid or secured to the adult, or

(b)at the time of the transfer, a reasonable person would not have known that the adult was incapable.

(2)In a proceeding in respect of a transfer described in subsection (1), the onus of proving a matter described in subsection (1) (b) is on the person to whom the interest was transferred.

Guardianship: Life under the hidden control of the Public Trustee system in Australia.