The recent introduction of new adult guardianship legislation in British Columbia, Ontario, Manitoba and the Northwest Territories signals the arrival of the third wave of guardianship law reform in Canada since the mid 1970s. The first wave appeared in Alberta in the form of the Dependent Adults Act which was replicated, in part, in Saskatchewan. The second wave affected only the Atlantic provinces and consisted of new adult protection legislation aimed primarily (but not solely) at cases of elder abuse or neglect. The third wave of reform involves, amongst other things, the enactment of omnibus adult guardianship statutes that include adult protection provisions. Some potential problems are examined including an untenable fusion of guardianship and protection procedures; an excessive reliance upon potentially expensive and fiscally vulnerable advocacy services; and an increase in abuse and neglect as a result of the removal of various “paternalistic” safeguards.
