The Law Relating To Incapability In British Columbia
Introduction
This article is a brief outline of the law relating to incapacity in British Columbia. Please contact us for more information. If an adult person becomes mentally “incapable” that person may require assistance in handling their financial and legal affairs and/or their personal care. Hopefully, the person will have done some pre-planning, such as a Power of Attorney. If no pre-planning has been done, then steps may be taken to appoint a substitute decision maker for the incapable person.
British Columbia, like most jurisdictions, has a governmental department responsible for investigating, monitoring and often, handling the affairs of incapable people. This office is known as the Public Guardian and Trustee.
It should be noted that this area of law is presently undergoing significant changes.
Appointment Of Committee
The relevant legislation in B.C. is the Patient’s Property Act and Rules. The person appointed to help an incapable adult is described as a 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. More than one person can be appointed committee. A private trust company may be appointed committee.
