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BACKGROUND:
The Public Guardian and Trustee is mandated under the Substitute Decisions Act to investigate allegations that a person is incapable of managing property or incapable of personal care and that serious adverse effects are occurring as a result of this incapacity. Allegations are received in a variety of ways, including correspondence, telephone calls and interviews. Each allegation must be fully investigated.
NATURE OF THE APPEAL:
The Office of the Public Guardian and Trustee (OPGT) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a copy of a letter from a third party to OPGT that "initiated an apparent investigation against [the requester], by the Guardianship Investigation Unit."
OPGT identified the responsive record and claimed section 49(b) (invasion of privacy) as the basis for denying access to the requester. The requester (now the appellant) appealed the decision.
Mediation did not resolve this appeal, and the file was transferred to the adjudication stage of the appeal process.
I started my inquiry by sending a Notice of Inquiry to OPGT, outlining the facts and issues and inviting representations. OPGT submitted representations, which were then provided to the appellant along with a copy of the Notice. The appellant, in turn, submitted representations. I also sent the Notice to the author of the letter (the primary affected party), who responded objecting to disclosure.
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