At Align Family Law, we understand how difficult it is when a family member or loved one is dealing with waning mental capacity. Our committed and compassionate committeeship lawyers can help you wade through these difficult decisions, and come to the best arrangement for everyone involved.
Kimberley
Committeeship Lawyers
Kimberley
Committeeship Lawyers
At Align Family Law, we understand how difficult it is when a family member or loved one is dealing with waning mental capacity. Our committed and compassionate committeeship lawyers can help you wade through these difficult decisions, and come to the best arrangement for everyone involved.
Our Kimberley Committeeship Services
According to British Columbia legislation, a committee refers to an individual or entity appointed by the court to act on behalf of someone who is incapable of making decisions independently. Committees are viewed as a measure of last resort. The preparation of powers of attorney, representation agreements, and other legal documents in advance can mitigate the necessity for a committee.
Regrettably, in cases where preparatory steps haven’t been taken, committeeships may become necessary. A committeeship removes an individual’s capacity to make decisions for themselves, making it a very important role which should be approached with careful consideration.
Our proficient committeeship lawyers are adept at facilitating the establishment of either or both of the following types of committeeships:
- A committee of person, responsible for making personal decisions on behalf of an individual, including medical decisions.
- A committee of estate, tasked with making financial and legal decisions for an individual.
Establishing a committeeship requires a court application supported by evidence from at least two medical professionals confirming the individual’s incapacity to manage their own affairs and detailing the reasons behind it.
Having a seasoned committeeship lawyer by your side is indispensable in obtaining these medical assessments and presenting a compelling case to the court, demonstrating that the committeeship is in the best interests of the individual.
What Our Clients Say
Our Kimberley Committeeship Process
STEP TWO:
We’ll listen to your story, clearly set out your options so you can determine your best next steps.
STEP THREE:
Together, we’ll get to work resolving the issues and getting you started on your next chapter.
Frequently Asked Questions
What is committeeship?
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.
Who may require committeeship?
Individuals who are unable to make decisions about their personal care or finances due to mental illness, disability, or cognitive impairment may require committeeship.
What’s the difference between a committee of person and a committee of estate?
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.
How is a committee appointed?
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.
Can someone object to being placed under committeeship?
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.
Contact Our Committeeship Lawyers
For family or loved ones, establishing a committeeship can be one of the hardest decisions you have to make. At Align Family Law, we understand how difficult this situation is, and we’re committed to helping you achieve the outcome that’s best for you and your family.
Contact us today to find out whether a committeeship is the right step.
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