![]() ![]() ![]() It is important for the committee to keep invoices to prove expenses in case of a challenge to the accounts. Accounting RequirementsĪ committee must keep records of the incapable adult’s income and expenses. The adult loses all authority over those areas. The committee stands in the shoes of the incapable adult and therefore would have all the rights and powers that the adult would have if capable. The power given to a committee is broad, but can be expressly limited by court order. If there is a contest between applicants for committeeship, the court will choose the person most likely to act in the patient’s best interests. The Public Trustee may also be appointed as committee of the estate of a patient by way of Certificate of Incapability, which is issued by a director of a provincial Mental Health facility. If a person has nominated a committee, the court will usually appoint the person so nominated. allows for the prior nomination of a committee (i.e. Often the applicant’s appointment as committee is conditional upon the applicant posting some security, such as a surety bond.ī.C. The Public Trustee makes a written recommendation to the Court. The documents are normally served on the proposed patient and the Public Trustee. The court application is made after filing affidavits of the opinions of two doctors regarding the incapacity of the adult and information on the next of kin, assets, income, expenses and liabilities of the incapable person. In B.C, unlike some provinces, a person is either totally capable or totally incapable and if declared incapable, loses all rights regarding his estate and/or person, as the case may be. ![]() A private trust company may be appointed committee. More than one person can be appointed committee. The committee may be appointed to handle the incapable adult’s “estate” for financial and legal affairs and/or the incapable adult’s “person” for personal and medical affairs. The person appointed to help an incapable adult is described as a committee. Please see our article on the BC Adult Guardianship Legislation. It should be noted that this area of law is presently undergoing significant changes. This office is known as the Public Trustee. If no pre-planning has been done, then steps may be taken to appoint a substitute decision maker for the incapable person.īritish Columbia, like most jurisdictions, has a governmental department responsible for investigating, monitoring and often, handling the affairs of incapable people. Hopefully, the person will have done some pre-planning, such as a Power of Attorney. If an adult person becomes mentally “incapable” that person may require assistance in handling their financial and legal affairs and/or their personal care. This article is a brief outline of the law relating to incapacity in British Columbia. The Law Relating To Incapability In British Columbia Introduction ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |