It can be a stressful time when a loved one becomes incapable, gradually or suddenly. Here at Hart Legal we are happy to discuss options with you and your family to ensure your loved one is cared for.
An option that is often discussed with clients is the possibility of applying for committeeship (pronounced “caw-mit-tee-ship”).
A “committee” is an individual who makes personal, medical, legal, or financial decisions on behalf of a personal who is mentally incapable (also known as an “Adult”). A committee must be appointed by the BC Supreme Court. Though the term “committee” is used generally, it is more accurate to distinguish between two types of committee, namely:
a) committee of the person and
b) committee of the estate.
A committee of the person makes personal and medical decisions, including decisions about where the Adult will live. Only the court can appoint a committee of the person.
A committee of the estate makes financial and legal decisions for the Adult. Typically, the court must appoint a committee of the estate. The only exception to this rule is when the Public Guardian and Trustee (PGT) is appointed after a certificate of incapability is issued under the Patients Property Act.
In most cases, client’s apply as committee generally, the responsibility of which encapsulates the above two roles.
An application for committeeship requires affidavits from medical doctors and a formal court process. It is, however, a fairly straight forward process, especially if it is not contested.
If a committeeship seems like a good option for you and your family, please call the lawyers at Hart Legal to discuss this or other estate matters.