A committeeship is what occurs when someone is appointed to protect the interests of a adult who is incapable of managing his or her affairs (the “Patient”) or self. The Patients Property Act of British Columbia (“the Act”) sets out a legal framework for the appointment of a committee and how the personal and financial affairs of the Patient is managed. A committeeship becomes necessary when a person did not grant a Power of Attorney when having the requisite mental capacity to do so.
For a person to be appointed Committee by the Court, it is necessary for the Court to make a finding that the Patient is:
a. incapable of managing their affairs;
b. incapable of managing their selves; or
c. incapable of managing both their affairs and their selves
by reason of infirmity, age, or disease.
Before the Court will make such a finding of incapacity, the person applying for committeeship will have to submit 2 medical opinions confirming the patient is mentally incapable of managing their affairs or selves or both. The Court process for applying for committeeship is a complicated and, if contested, protracted. It is not recommended that a person represent him or herself in an application to be appointed Committee of a Patient even if the Patient in question is a close family member.
Should a love one in your life lose mental capacity without having a valid Power of Attorney in place, call Vancouver & Burnaby Committee Lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia email@example.com or 778-372-7107.