Helping families serve the best interests of their incapacitated loved ones
No one wants to see a loved one become mentally incapacitated to the point at which they can no longer make adequate decisions regarding their affairs. If your loved one has not set out specific instructions for who should take over their affairs in such a situation by such means as a power of attorney or representation agreement, you may need to consult with an experienced lawyer regarding your options and best course of action. In many cases, it is necessary to secure a legal committeeship—also known as a guardianship—over your family member.
Committeeships are divided into:
- Committee of the Person, who makes decisions regarding a person’s care, medical treatment and physical needs
- Committee of the Estate, who makes decisions regarding a person’s legal, business, and financial affairs
Such committees are appointed under the Patients Property Act as well as the Adult Guardianship Act in BC. If you need legal advice and assistance regarding any situation where mental capacity has become an issue, please consult with one of our experienced lawyers today.
Resolving disputes relating to committees of estate
A committee of estate has the duty to manage the incapacitated adult’s financial and legal affairs in a prudent and selfless manner, much like a trustee. The committee should always act with the best interests of the adult in mind and should not act in a way that conflicts with any existing will or other estate-planning documents. If another family member believes that a committee is not properly fulfilling their duties, has misappropriated funds, or has otherwise abused their position, they can file a claim to have the committee replaced or removed. Additionally, if the incapacitated individual believes they are capable of managing their own affairs, they may seek to have the committeeship terminated.
Call an experienced BC committees of estate lawyer for assistance with your case today
Committeeships can be sensitive issues and often involve disputes. At the Vancouver office of McLarty Wolf, we offer valuable counsel to those seeking commiteeship, serving as a committee of estate, or facing disputes related to a committee. We understand the emotional and familial implications of these issues and will seek to resolve you dispute in the best way possible. If you need legal assistance, please call our firm at 604-688-9542 to find out how we can help.