Entering into a committeeship is not an easy decision to make. At Align Family Law, we understand how difficult it can be when a family member or loved one is dealing with waning mental capacity. 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.
Vancouver
Committeeship Lawyers
Vancouver
Committeeship Lawyers
Entering into a committeeship is not an easy decision to make. At Align Family Law, we understand how difficult it can be when a family member or loved one is dealing with waning mental capacity. 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.
Our Vancouver Committeeship Services
Ideally, power of attorney, representation agreements, or other legal documents should be prepared ahead of time. That way, when a person is no longer able to make decisions for themselves, a plan is already in place.
However, when these protections are not in place, you can consider a committeeship as a last resort. 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.
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.
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.
Our experienced committeeship lawyers can help you establish either or both of the following types of committeeships:
- A committee of person makes personal decisions for an individual.
- A committee of estate makes financial and legal decisions for an individual.
What Our Clients Say
Our Vancouver 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
Establishing a committeeship may not be a pleasant decision, but sometimes it’s necessary. 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.
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