As the number of Canadians over the age of 65 increases, and with the increasing incidents of dementia, there will likely be a rise in the use of Court ordered legal guardians known as Committees. It is important, therefore, for British Columbia residents to understand some of the common terms used in connection with Committees including:
- Committee: A person or institution who is appointed to make personal, medical, legal and/or financial decisions for an adult person who is mentally incapable and cannot make those decisions for him or herself. A family member or close friend, a trust company, or the Public Guardian and Trustee of British Columbia can fill this role. A committee of the estate can be appointed by the court.
- Committee of the Estate: Able to make financial and legal decisions on behalf of the Patient.
- Committee of the Person: Able to make personal and medical decisions for the Patient
Incapable: The Attorney General, a near relative of a person or other person may apply to the court for an order declaring that a person is unable to manage his affairs or manage himself because of:
- (a) mental infirmity arising from disease, age or otherwise, or
- (b) disorder or disability of mind arising from the use of drugs.
- Patient: An adult person who is mentally incapable and cannot make those decisions for him or herself.
Pursuant to section 2 of the Patients Property Act (PPA) any person may apply to the British Columbia Supreme Court for an order declaring that an adult is incapable and that the applicant be appointed as the adult’s Committee.
Contact a Vancouver Committeeship Lawyer
If a family member or loved one is unable to manage their personal and/or financial affairs, it is important to protect their interests. Contact a Vancouver committeeship lawyer as soon as possible to discuss the options that are best for you and your family. To discuss your case with one of our lawyers, call our office today at 604-688-9542 or send us an email at firstname.lastname@example.org.