The Band and/or Tribal Council may appoint a person or agency to ADMINISTER the BENEFITS paid to an independent adult or to the adult members of a family who are not in a position to do this for themselves, in view of the circumstances (such as physical or mental disability) or their earlier efforts to administer their property (such as cases of destruction or waste). The client or a representative must CONSENT to this. The client’s representative may be a parent, a family member, a friend or a relation. When a client is not in as position to give his or her consent, a declaration issued by a health professional or a professional social worker will certify the incapacity of the client.
However, the use of this procedure is not necessary when a client presents proof that he or she is already subject to a protection benefit scheme (tutor or advisor) or when a mandatory is already responsible for administering his or her property as provided by the Civil Code of Quebec. In this case, the articles of the Regulation relative to the administration by a third party doesn’t apply because the administrators are not designated by Band council and/or Tribal council. The surveillance role is taking upon the Public Curator.
The person or agency designated as administrator must use the amount of the benefits in a reasonable manner SOLELY FOR THE ADVANTAGE of the adult or family. They may not derive any benefits for themselves, direct or indirect.
Where benefits ACCUMULATE, they must be INVESTED in a reasonable manner and interest added to the principal.
The STAFF of an INSTITUTION sheltering an adult or persons practising their profession there may not act as designated persons, except in the case of persons required to provide support payments to that adult within the meaning of the Civil Code, such as a father, mother, son, daughter or spouse of a person admitted to shelter. The Band and/or Tribal Council may designate the institution itself.
As administration by a third party is an exceptional measure only the director general of the institution or his or her specifically appointed representatives may RECOMMEND A PERSON to administer benefits payable to a client.
Reasonable amounts may be paid by the administrator for services rendered by the institution or foster home provided the cost of such services is comparable to amounts received by persons in such a situation.
Separate ACCOUNTS must be kept for each client of funds constituted by BENEFITS, so that these funds may be easily identified. These accounts must identify deposits, withdrawals and interest.
It will usually suffice for the administrator to keep a register or ledger of deposits and withdrawals with references to the proper supporting documentation. If there are investments, some indication of their existence must be given either by the security representing them or by confirmation from an institution which has custody of them.
When the trustees are parents (father or mother) requirements are minimal, namely the keeping of receipts for eventual checking purposes and the maintenance of the account record.
A designated person or agency shall submit a report to the Band and/or Tribal Council annually on the use of benefits administered.
Common sense must govern the rules for using benefit amounts: the person or agency designated must act in a manner reasonably concerned with the interests of the principal. He or she must therefore not use the capital or interest for their own purposes. He or she must act free of charge. The investment requirement naturally assumes that there has been some accumulation, while a simple savings deposit in a financial institution is often the most practical solution. When money is thus invested by an administrator the actual interest received on such amounts is paid to the clients.
Administration by a third party in accordance with a decision by the Band and/or Tribal Council is the only way in which an institution or person responsible for a family-type resource (foster home) or an intermediate resource can take the place of a client to administer assistance. Accordingly, no institution or person responsible for a family-type resource (foster home) or an intermediate resource may receive, hold, administer or otherwise conserve money allocated for the personal expenses of clients: this must in all cases be cashed and spent by them. However, in cases where there is no administration by a designated third party, institutions and persons responsible for family-type resources (foster homes) or an intermediate resource have a duty to ensure that the money is used by the client in the latter’s interest.
The administrator must ensure that the money is used for the purposes for which it is paid and not for services which the institution or family-type resource (foster family) or an intermediate resource is required to provide.
Accordingly, an institution or family-type resource (foster home) or an intermediate resource cannot recover from clients sheltered by it the cost of the following goods and services:
- articles and services required for clients' personal hygiene and cleanliness: such articles and services include changing of bed linen, paper, soap and toothpaste and any article of this kind required by a client's particular state of health;
- washing and normal maintenance of personal underwear and clothing of clients;
- any equipment used by clients for therapeutic purposes.