Category: Commiteeship
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Committeeship Applications in BC
An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship can be relatively straightforward where there is no dispute among loved ones. If there is disagreement on who should be appointed committee, the matter becomes more complicated. Legal […]
Adult Guardianship in BC: Resolving Competing Committeeship Petitions and Family Disputes
Dementia, Alzheimer’s disease, and other medical issues can leave a person unable to look after themselves. When that occurs, a “committee” can be appointed by the BC Supreme Court to manage their personal and financial affairs. In determining who should be appointed committee, the paramount consideration for the court is who will serve the incapable […]
How the Bid for Special Referee Denied; Draws Costs in BC Committeeship Application
A special referee may be appointed within BC court proceeding to undertake factual investigations – often through the referee’s specialized expertise – that are necessary to the resolution of the issues between the parties. The court declined the request for appointment of a special referee in Klop (Re), 2021 BCSC 644 in the context of […]
Family Dispute Leads to Contested Committeeship Application
When an adult can no longer manage their finances or personal care and a dispute arises over who should decide for them, a family member can apply to the Supreme Court of British Columbia under the Patients Property Act to be appointed committee. The court first needs two medical affidavits confirming incapability, then chooses the […]
Court Clarifies Costs of Estate Litigation in Complex Estate Litigation
This Vancouver estate litigation between siblings over their father’s estate—and the costs of the estate litigation itself—lasted nearly a decade. The BC Court of Appeal’s ruling in in Hollander v. Mooney, 2017 BCCA 238, leave to appeal ref’d [2017] S.C.C.A. No. 356 clarified important principles for awarding costs in estate litigation. Father’s estate planning leads to […]
Advance Care Planning: Machines Keeping You Alive or Not? How to Make the Right Decision
Quick answer: In British Columbia, you plan for “machines keeping you alive” with two documents. A representation agreement, under the Representation Agreement Act, names a representative to make health and personal-care decisions when you cannot. An advance directive, under the Health Care (Consent) and Care Facility (Admission) Act, records your own instructions to accept or […]
Punitive Special Costs in BC Committeeship Proceedings
It is common in committeeship disputes for families and loved ones to have diametrically opposed views of the best interests of the patient. Disagreements about the best interests of an incapable adult may need to be settled by litigation. Costs in BC committeeship proceedings serve the function of encouraging parties to behave reasonably in contentious family […]
Special Costs Granted from the Estate in Protracted BC Committeeship Proceedings
In BC, a committee can be appointed on application to the Supreme Court to make personal, legal, or financial decisions for an adult who is found to be mentally incapable. We recently discussed the issue of who pays the legal costs of a committeeship application. The general rule is that a successful applicant on a […]
Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation
Family disputes can be significantly exacerbated by the heavy weight of dealing with an ailing parent. Family members can become mired in conflict over whether a loved one lacks capacity because of mental infirmity and if so, who should handle their personal, financial, and legal affairs. In a recent post, our Vancouver litigation team discussed […]
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
Quick answer: In British Columbia, a committee is a court-appointed substitute decision-maker for an adult who cannot manage their own affairs. The BC Supreme Court appoints a committee of estate (money and legal matters), a committee of the person (health and personal care), or both, under the Patients Property Act. A committee is a fiduciary […]