COMMITTEE APPOINTMENTS & ADULT GUARDIANSHIP APPLICATIONS
The number of wealthy boomers in British Columbia who are living longer is rising dramatically. As we age, the percentage of seniors suffering from diminished mental capacity and dementia only increases. Our Committee Appointments and Adult Guardianship Applications lawyers recommend people plan ahead and create a BC Power of Attorney or BC representation agreement to cover the situation of them becoming mentally incapacitated and unable to handle their own affairs. MacLean Estate Litigation Committee Appointments and Adult Guardianship Applications lawyers have 5 offices across BC to assist you. Call us toll free at 1-877-602-9900.
Our Committee Appointments and Adult Guardianship Applications lawyers know that sadly, sometimes an individual becomes mentally incapable and does not have a power of attorney or representation agreement in place. More distressing even when they do, sometimes the person they picked goes rogue and steals from the elderly victim. Under these circumstances, the BC court has the power to appoint someone to manage the personal and financial affairs of the incompetent person. This person who needs to be ethical and capable of exercising their duties, is known as a committee and they are appointed pursuant to the Patients Property Act
For an introduction to BC adult guardianship issues read this article by the Public Trustee.
Our experienced Committee Appointments and Adult Guardianship Applications warn that older persons who were once vigorous and capable may see their mental faculties diminish. Children will often become their parent’s caregivers. Aging and vulnerable BC individuals are at risk of financial scams and theft by strangers and even loved ones. Predatory marriages are increasing. Having a trusted person handling the health and finances of a loved one is key. Seniors First BC is a great resource for people with questions about Committee Appointments and Adult Guardianship Applications.
BC PATIENTS PROPERTY ACT
Committee Appointments and Adult Guardianship Applications lawyers are cognizant that aging loved ones deserve to be protected by family members and our courts can assist through committee appointments and adult guardianship applications. With proper planning, an aging person can appoint a responsible person to manage the person and the estate before the onset of incapacity through Powers of Attorney and representation agreements. However, if this is not completed the BC Patients Property Act allows for courts to appoint someone to be the responsible Committee. Further if a power of attorney acts improperly the court can step in to appoint a Committee of the person and estate.
WHAT IS A COMMITTEE?
In BC a Committee is a person, organization or facility who is appointed to make personal, medical, legal and/or financial decisions for an adult person who is mentally incapable of making decisions for themselves. Read this great summary by the BC PGT on what a committee is and does.
When disputes arise over who this person should be, the court will act in the best interests of the patient.
TYPES OF COMMITTEES
There are two types of Committees. A Committee of the estate can make financial and legal decisions on behalf of the patient. A Committee of the person can make personal and medical decisions for the Patient. The Adult Guardianship Act is new legislation in BC. The term patient has been replaced with Guardian. There will remain two types of Guardians: the property guardian and the personal guardian respectively.
For more information on Committee Appointments and Adult Guardianship Applications read this article.
Since these appointments deal with the freedom of the allegedly infirm, great respect is given to the person who is alleged to be incapable. Two doctors must swear affidavits indicating the person is incapable of managing their person and finances.
An affidavit listing of assets, details of the person’s infirmity and a care plan is required by the Court together with any documents evidencing the patient’s past wishes for whom should oversee their person and finances.
Sometimes two different Committees are appointed. One for personal health decisions and one for financial decisions. The responsibilities placed on a Committee are serious. If you, a sibling, or other person is seeking to become appointed as a Committee, you or they ought to carefully consider whether he or she is willing and capable of effectively taking on this role.
Once that test has been met the choice of the person best able to manage the person and the finances is then considered by the Court. Potential conflicts of interest will be assessed to ensure the Committee appointed is no threat to the person or estate of the patient.
Our Committee Appointments and Adult Guardianship Applications lawyers Can Help. Call us toll free across BC 1-877-602-9900
These decisions are emotional, serious and require proper guidance from experienced estate litigation lawyers. Our Committee Appointments and Adult Guardianship Applications lawyers act out of offices in Vancouver, Surrey, Kelowna, Fort St John and Richmond BC. Make an appointment or call us at any of our 5 offices across BC.
If you have concerns over a loved one’s ability to do what’s best with respect to their financial and health decisions, you can explore a number of ways to put protection in place. Call us as soon as concerns surface regarding a loved one being potentially infirm and vulnerable. We have offices in Vancouver, Surrey, Kelowna, or Fort St. John offices to better understand your legal rights and obligations. We are here to help. Please feel free to contact us now.