Legal Issues Regarding The BC Patients Property ACT
Many people have instructions for a power of attorney or representation agreement should they become mentally incapacitated and unable to handle their own affairs. If an individual is mentally incapable and does not have any legal directives in place, the court has the power to appoint a guardian—known as a committee—under the Patients Property Act. The committee can be a family member or the Public Guardian and Trustee (PGT) if necessary.
The law requires a court to examine medical evidence to determine whether an adult is incapacitated and when deciding who to appoint as committee. A judge must weigh the evidence and decide what will be in the best interests of the patient. Whether you are seeking a committeeship or challenging one, it is important to have representation by a lawyer who understands how to obtain and present persuasive evidence supporting your claims.
Representing The Interests Of Individuals In Patients Property ACT Cases
If you believe you should be appointed as committee of person or estate for a family member, our experienced lawyers will advocate for your position and help you face any other family members or your loved one who may challenge your application for appointment. Disputes may arise regarding the following and more:
- Whether the patient is truly incapable
- Whether the patient requires a committee of the person, the estate, or both
- Whether the individual seeking appointment is able to adequately manage the affairs
- Whether the individual is the best person to manage their affairs
- Whether there has been mismanagement of the patient’s affairs financially or in their care
Contact A Skilled BC Patients Property ACT Lawyer To Find Out How We Can Help You
Laws involving mental incapacity can be complicated and navigating the legal system while trying to properly care for a loved one can be difficult. At the Vancouver law firm of McLarty Wolf, our lawyers have a thorough understanding of all relevant elder laws and will guide you through the legal process as efficiently as possible. We understand that your first priority is to ensure the welfare of your family member and the estate and we will provide valuable, individualized representation to help you achieve your goals. Call our office for a consultation today at 604-688-9542.
