McLarty WolfMcLarty Wolf

604-687-2277 | Toll Free: 1-855-688-9542
  • About Us
  • Practice Areas
    • Elder Abuse
      • Elder Financial Abuse
      • Committeeship
      • Misuse of Power Of Attorney
    • Estate Litigation
      • Wills Variation
      • Contested Wills
      • Contested Trusts
    • Contract Disputes
      • Breach of Contract
      • Business Disputes
      • Fraud
    • Real Estate Litigation
      • Land Ownership Disputes
      • Partition of Property
      • Construction
  • Our People
    • ROSS MCLARTY
    • MURRAY WOLF
    • JORDANA BLAESER
    • RAYN ATTERBERRY
    • PEYTON STRAIN
    • SAMANTHA PACHECO
  • Blog
  • Contact
  • Home
  • Elder Law
  • How to Obtain a Court Order Establishing Mental Incapacity?
 

Blog Post

How to Obtain a Court Order Establishing Mental Incapacity?

by Mclarty Wolf / Sunday, 19 February 2017 / Published in Elder Law
Taking Care | Holding Hands | McLarty Wolf Litigation Lawyers

As people go through life, they may develop illnesses or sustain injuries that affect their ability to manage important decisions regarding their healthcare, finances, or other affairs. Some of the issues that can result in mental incapacity include Alzheimer’s Disease, a severe traumatic brain injury (TBI), stroke, or dementia.

In situations where the person has not planned for that eventuality by executing an enduring power of attorney and/or a representation agreement, it may be necessary to make an application to the Supreme Court under the Patient’s Property Act1.  That statute permits the court to make a declaration that a person is no longer capable of managing their financial affairs or their personal care decisions or both.   Under the law, a person is presumed to be capable of managing their own affairs, so the burden of proof is upon the person seeking a declaration of incapacity. Therefore the court will only declare a person is incapable if there is, at a minimum, two affidavits sworn by medical doctors who have assessed the person attesting to that person’s incapability.

Incapacity Allows for a Committee to be Appointed

When a person is declared mentally incapable, the court is able to appoint a committee (the equivalent of a guardian for an adult and typically a family member) who will make decisions about the person’s healthcare, personal, financial, and legal affairs. If a family member or other suitable person cannot act as committee, the Public Guardian and Trustee of B.C.2 is appointed.

Do I Need a Lawyer to Obtain a Committeeship?

Declaring someone incapable of managing their own affairs is obviously a very important decision that the Supreme Court takes very seriously.  The procedures and evidence required to obtain such a court order are complex.  As a result, almost all committeeship applications require legal representation.   Fortunately, the Patient’s Property Act allows the court application to be brought quickly on the basis of affidavit evidence and therefore the legal expenses are relatively modest when compared to the cost of a typical lawsuit.

Call McLarty Wolf to Speak with a BC Mental Incapacity Lawyer Today

If you have concerns that a person in your life has become unable to make important decisions on his or her own, you should speak with a lawyer as soon as possible. For a telephone free consultation with one of our lawyers, call McLarty Wolf today at 604-687-2277 today.

 

What you can read next

Gold Ink Pen | McLarty Wolf Litigation Lawyers
What Is Examined in Cases Regarding Testamentary Capacity?
Financial Elder Abuse: Common Signs and Types to Be Aware Of
What Are the Signs of Financial Elder Abuse?
Appointing a Committee (Legal Guardian) for an Incapable Person | McLarty Wolf Litigation Lawyers
Appointing a Committee (Legal Guardian) for an Incapable Person

You must be logged in to post a comment.

Categories

  • Contract and Commercial Litigation
  • Elder Law
  • Insurance
  • Mental Incapacity and Estate Litigation
  • Real Estate and Property Disputes
  • Trust and Estate Litigation

Recent Posts

  • Case Comment: Holman v Brooke, 2022 BCSC 526 | McLarty Wolf - Vancouver Litigation Lawyers

    Case Comment: Holman v Brooke, 2022 BCSC 526

  • Registrar's Hearing Passing of Accounts | McLarty Wolf

    Registrar’s Hearing-Passing of Accounts

  • The Duty to Account and the Passing of Accounts | McLarty Wolf Law

    The Final Phase in Administering an Estate: The Duty to Account and the Passing of Accounts

  • Proprietary Estoppel: What Remedies are Available? | McLarty Wolf

    Proprietary Estoppel: What remedies are available when someone takes back a promise to transfer property?

  • Proprietary Estoppel: When is a Real Property Owner Required to Follow Through on a Promise to Transfer Land to Someone Else? | McLarty Wolf Litifation Lawyers Vancouver

    Proprietary Estoppel: When is a Real Property Owner Required to Follow Through on a Promise to Transfer Land to Someone Else?

McLarty Wolf adheres to all provincial health recommendations in operating its office in downtown Vancouver.  Our lawyers and paralegals both work in our office and at times remotely to ensure our clients’ needs are satisfied.  We continue to attend court hearings, mediations and examinations for discovery.  We are also available for client meetings at our office, with appropriate safeguards, or via video conference.

ABOUT US

With a combined litigation experience of over 75 years, our lawyers have a consistent track record of providing sound advice and effective representation to resolve legal disputes for our clients. Our lawyers regularly appear on behalf of our clients in Supreme Court and are often able to resolve our client’s disputes by means of mediation and arbitration.

Terms and Conditions

Please note that as of January 31, 2023, we are excited to announce that McLarty Wolf Litigation Lawyers has joined Meridian Law Group. Please visit us at https://meridianlawgroup.ca/.

Visit Site

PRACTICE AREAS

  • Elder Abuse
    • Elder Financial Abuse
    • Misuse of Power Of Attorney
    • Committeeship
  • Estate Litigation
    • Wills Variation
    • Contested Wills
    • Contested Trusts
  • Contract Disputes
    • Breach of Contract
    • Business Disputes
    • Fraud
  • Real Estate Litigation
    • Land Ownership Disputes
    • Partition of Property
    • Construction

CONTACT US

Phone: 604-687-2277

Toll Free: 1-855-688-9542

Fax: 604-687-4158

#1401-808 Nelson Street
Vancouver, BC
V6Z 2H2

© Copyright 2023 - McLarty Wolf Law

TOP