Dealing with a family member or loved one with waning mental capacity is a stressful and difficult situation. Often this takes place in a person’s old age, but injury, illness, and mental health issues can affect a person’s capacity at any point in their life.
Our committed and compassionate committeeship lawyers know how to help you wade through these difficult decisions, and come out the other side with the best arrangement for everyone involved.
Dealing with a family member or loved one with waning mental capacity is a stressful and difficult situation. Often this takes place in a person’s old age, but injury, illness, and mental health issues can affect a person’s capacity at any point in their life.
Our committed and compassionate committeeship lawyers know how to help you wade through these difficult decisions, and come out the other side with the best arrangement for everyone involved.
Under British Columbia law, a committee is a person or entity appointed by the court to make decisions on someone’s behalf when they are no longer able to do so. Committees are intended to be a last resort. Preparing powers of attorney, representation agreements, and other legal documents ahead of time can avoid the need for a committee.
Unfortunately when someone has not taken steps in advance, committees sometimes become necessary. A committeeship takes away a person’s right to make decisions for themselves, which makes it a very important role that should not be entered lightly.
Our experienced committeeship lawyers can help you establish either or both of the following types of committeeships:
A committeeship can only be established by court application with evidence from at least two doctors confirming the person cannot manage their own affairs and why.
An experienced committeeship lawyer is necessary to help obtain these statements and make the case to the court that the committeeship is in the person’s best interest.
Committeeship is a legal process in which the court appoints a trusted individual or institution (a committee) to make decisions on behalf of someone who is deemed incapable of making decisions for themselves. Committees are often family or friends of the individual. When no one is available, the court can appoint the Public Guardian and Trustee, which is an entity independent of the BC government, with offices in Vancouver, Victoria and Kelowna.
Individuals who are unable to make decisions about their personal care or finances due to mental illness, disability, or cognitive impairment may require committeeship.
A committee of person makes personal and medical decisions for an individual. A committee of estate, on the other hand, only makes financial and legal decisions. As people often lose the ability to manage their finances before their ability to manage their person, committees of estate are more common than committees of person.
A committee is appointed through a court application process, where evidence of the individual’s incapacity is presented, and a suitable candidate is proposed to act as their committee. Only a court can officially appoint a committee and grant them the legal authority to act.
Yes, individuals have the right to contest committeeship proceedings and can present evidence to challenge the appointment of a committee or request alternative arrangements. Committeeships can also be terminated if the individual’s capacity improves, or if there are changes in circumstances warranting a reassessment of their need for a committee.
At Align Family Law, we understand how difficult this situation can be for family and loved ones.
Contact us today to find out whether a committeeship is the right step.
We have offices in Victoria, Kimberley and Vancouver and can assist clients anywhere in British Columbia.
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