Adult Guardianship (15:V): Difference between revisions
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→a) Assessment of Incapability
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 2, 2024}} | ||
{{LSLAP Manual TOC|expanded = guardianship}} | {{LSLAP Manual TOC|expanded = guardianship}} | ||
In BC, a person or the Public Guardian and Trustee (the “PGT”) may be appointed to manage the legal, financial and/or personal and health care decisions for another person. | In BC, a person or the Public Guardian and Trustee (the “PGT”) may be appointed to manage the legal, financial and/or personal and health care decisions for another person. | ||
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Another recent case ''[https://www.canlii.org/en/bc/bcsc/doc/2020/2020bcsc87/2020bcsc87.html Horton (Re)]'', 2020 BCSC 87 is an example of the court deciding not to award costs in favour of either child who submitted competing applications for appointment as committee of the estate and person of their parent. Where committee petition is contested, costs payable from patient’s estate are not guaranteed to be granted to the applicants. In particular, competing petitions driven by animosity or power struggle may not be awarded the costs as explained in ''Horton (Re)''. | Another recent case ''[https://www.canlii.org/en/bc/bcsc/doc/2020/2020bcsc87/2020bcsc87.html Horton (Re)]'', 2020 BCSC 87 is an example of the court deciding not to award costs in favour of either child who submitted competing applications for appointment as committee of the estate and person of their parent. Where committee petition is contested, costs payable from patient’s estate are not guaranteed to be granted to the applicants. In particular, competing petitions driven by animosity or power struggle may not be awarded the costs as explained in ''Horton (Re)''. | ||
==== j) Public Guardian and Trustee (PGT) as Committee ==== | ==== j) Public Guardian and Trustee (PGT) as Committee ==== | ||
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:::(ii) The adult or someone on behalf of the adult may request a second assessment within 40 days of being notified (''AGA'' s 60(2)) | :::(ii) The adult or someone on behalf of the adult may request a second assessment within 40 days of being notified (''AGA'' s 60(2)) | ||
See | See A Guide to the [https://www.trustee.bc.ca/adults/certificate-incapability-process-healthcare-professionals Certificate of Incapability Process Under the Adult Guardianship Act]. | ||
==== b) Reassessment of Incapability ==== | ==== b) Reassessment of Incapability ==== | ||
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{{LSLAP Manual Navbox|type=chapters15- | {{LSLAP Manual Navbox|type=chapters15-23}} | ||