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voice For Fairness


B.c.'sIndependent

GeneralInquiries:(250)387-5855
Toll-Free:1-800-567-3247
Fax:(250)387-0198

947 Fort Street


PO Box 9039 Stn Prov Govt
VictoriaBC V8W 9A5

cq,

www. bcombudsperson.ca

November3, 2014
File: 12-120533
Mr. David Varcoe and Ms. Nancv Varcoe
173 321 Yorkton Avenue
PENTICTON BC V2A2V6
Dear Mr. and Ms. Varcoe:
Thank you for contactingour office to report your concernsabout the Public Guardianand Trustee
(PGT). I am writing further to our conversationof October22,2014 to inform you that I have
concluded*y investigationinto your complaint,and will be closingyour file as discussed.
Background
On September18,2012,you reportedconcernsto us aboutthe PGT's responseto your requestfor
information regardingMs. Varcoe's financial affairs sincebecoming her Committeeof Estate.
You told us you were having difficulty communicatingwith the CaseManagerwith respectto
paying for Ms. Varcoe'smedications,scooterdebt and maintenance,and to discussthe diversion
of mail that was orderedby the PGT. You also told us that you had made repeatedrequeststo the
CaseManagerpertainingto Ms. Varcoe's pension funds and income tax statements,but did not
receive an adequateresponseto your questions.You statedthat as a result of actionstakenby the
PGT with Ms. Varcoe'spensionaccount,you were unableto accessinformationfrom Canada
RevenueAgency, and faced financial implications as you were no longer able to split your pension
income. You further statedthat the PGT initiated the servicesof a property managementcompany
for the home whereMr. Varcoecontinuedto residefollowing Ms. Varcoe's admissionto
Westview Place,resulting in additionalhome insurancefeesbeing chargedunnecessarilyto Ms.
Varcoe'saccount.
Our Investigation
Basedon the information you provided, w investigatedwhether the PGT followed a reasonable
procedurein respondingto the concernsyou raisedabout their handling of Ms. Varcoe's financial
affairs.
In the courseof our investigation,we requesteda number of PGT policies and procedures,as well
as copiesof correspondence
betweenyou and PGT staff. From reviewing this coffespondence,it
appearedthat you may not have receivedcompleteinformation from the PGT CaseManager
regardingthe diversion of Ms. Varcoe's pensionto cover the costsof her carewhile living at
Westview Place,and the decisionto file Ms. Varcoe's taxeswithout income splitting. The PGT
explainedthat this decisionwas made to benefit Ms. Varcoe, as it resultedin her facility rate being
reduced.This information doesnot appearto have been communicatedto you. Further, it appeared
that you may have receivedconflicting information regardingyour right to accessMs. Varcoe's
income tax information from the CanadaRevenueAgency. Due to the difficulty you were
experiencingin communicatingwith the CaseManager at the time, it appearedthat clear and
consistentinformation may not have beenprovided by the PGT on theseissues.

Mr. David and Ms. Nancy Varcoe

Page2

We also investigatedyour concernsabout the PGT's involvement of a property management


companyin overseeingyour jointly owned property. My investigationdeterminedthat the PGT
did not offer a Letter of Understandingwith regard to the co-ownershipof this property, which is
requiredby their policy. It further appearedthe PGT did not provide you with a clear explanation
of the roles and responsibilitiesof this property managementcompany,and the PGT's requirement
as Committeeto obtain proof of adequatehome insuranceon the property. Due to the tenuous
relationshipyou had with the PGT CaseManager,it appearedthis information was not clearly
communicatedto you, resulting in additional home insurancefeesbeing chargedto Ms. Varcoe's
account.The PGT told us that becauseyou initially indicatedyou had missedpastpaymentson
your private home insurance,the property managementcompanysecuredinsuranceon the
property as requiredby their policy. However, had communicationbetweenyou and the Case
Managerbeenbetter,the PGT may have terminatedthis coverageonce they receivedconfirmation
from you that adequateprivate home insuranceexisted,avoiding the secondinsurancepremium
from being chargedto Ms. Varcoe's account.Our investigationalso revealedthat the PGT does
not appearto have clear public information availableregardingthe managementof spousaland/or
joint assets.
With regardto your concernsabout the PGT's paymentsfor Ms. Varcoe's medicationsand scooter
that you had difficulty communicatingwith
repair, it is evident from reviewing the correspondence
the CaseManageron theseissues.It appearedthat you may not have receivedconsistentresponses
from the PGT to addressyour concerns.The PGT provided us with policy statementsand records
of Ms. Varcoe's financial accountthat indicate the PGT's actionsin making certainpaymentson
Ms Varcoe'sbehalf were consistentwith theirpolicy. The PGT's decisionto divert Ms. Varcoe's
mail as her Committeeof Estateis similarly in accordancewith their policy. The PGT
acknowledgedthat the poor communicationbetweenyou and the CaseManagermay have
preventedthis information from being clearly relayedto you. It appearedthat theseissueswere
adequatelyresolvedwith the issuanceof the Certificate of Capability in March 2014, and
subsequenttransferof all financial and legal responsibility from the PGT back to Ms. Varcoe
directly.
Outcomeof Investigation
Our investigationrevealedthat theremay have been someomissionson the part of the PGT in
handling Ms. Varcoe's financial affairs and respondingto your concerns,resulting in additional
emotional stressand confusion for you. As a meansof resolving the issuesidentified in our
investigation,the PGT agreedto the following:
I ) Providing you with a letter of apology for the communicationdifficulties you experienced
while the PGT was Committeeof Estate;
2) Reimbursingyou for the secondfee chargedfor home insurance;and
3) Enhancingtheir public information to include additional information for clients and
families of the PGT regardingproperty managementand tax preparationwhen there are
joint and/orspousalassets.
I have confirmed the PGT wrote to you on October 15, 2014 providing you with an apology, and
approvingthe reimbursementfor six months of insurancecoverage.They have also committed to
enhancingtheir policies and publicationsas suggestedby our office. We will be following up with
the PGT in six months to monitor the progressmade in this regard.I am thereforesatisfiedthat

Mr. David and Ms. Nancv Varcoe

Page3

your complaint is settledand have ceasedmy investigationunder the authority provided by


Section13(i) of the Ombudsperson
Act (pleaseseebelow).
If you have any questionsabout this letter, or require further information regardingour
investigation,pleasedo not hesitateto contactme at (250)387-3709 or toll-free at I -800-5673247.I note that our relatedinvestigationinto your concernsaboutInterior Healthis still ongoing,
and an updatewill be provided to you when available.
Thank you for contactingthe Office of the Ombudsperson.

Yours sincerely,
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11

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RachelWarren
OmbudspersonOfficer
13 The Ombudspersonmay refuse to investigateor ceaseinvestigatinga complaint il in the opinion of the
Ombudsperson,any of the following apply:
(i)

the complaint is settledunder section 14.

14 (2) At any time during or after an investigationthe Ombudspersonmay consult with an authority to
attemptto settlethe complaint, or for any other purpose.
R . S . B . C1. 9 9 6

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