Anonymous

Difference between revisions of "Adult Guardianship (15:V)"

From Clicklaw Wikibooks

Adult Guardianship (15:V) (view source)

Revision as of 16:45, 12 August 2022

551 bytes removed ,  16:45, 12 August 2022
no edit summary
Line 1: Line 1:
{{REVIEWED LSLAP | date= June 28th, 2021}}
{{REVIEWED LSLAP | date= June 28th, 2021}}
{{LSLAP Manual TOC|expanded = guardianship}}
{{LSLAP Manual TOC|expanded = guardianship}}
In BC, adult guardianship (called "committeeship") is currently governed by two acts: the ''Patients Property Act'', [''PPA''] and the ''Adult Guardianship Act'', [''AGA''].  The PPA allows a judge to appoint a committee (pronounced caw-mi-TEE, with emphasis on the end of the word).  Part 2.1 of the ''AGA'' contains a statutory process by which the Public Guardian and Trustee (PGT) becomes the "Statutory Property Guardian".  All committees, whether an individual or the PGT, are legally authorized to make decisions for the patient.     
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.     


The two different processes for creating a committeeship are quite different and are governed by different legislation.  It is important to identify which type of committeeship is present or being sought. In the rest of this section, a committeeship created under the PPA is referred to as a “court order committeeship” while one created under the AGA is referred to as a “statutory process committeeship.”  These are not technical or legal phrases but used solely for clarity.  Details for the two types are produced below.     
The ''Patients Property Act'' (''PPA'') allows a judge to appoint a committee (pronounced caw-mi-TEE, with an emphasis on the end of the word). A court appointed committee steps into the shoes of the adult and is authorized to make legal and financial decisions (committee of estate) and/or personal and health care decisions (committee of person) on behalf of an adult who has been declared incapable of making those decisions by the Court.     


An individual subject to committeeship, or the possibility of committeeship, may present as extremely upset, angry or confused. To best assist this individual, it is important to understand the gravity of the situation for the individual, and why the individual may be feeling this way.  Keep in mind that the effect of a committeeship is that the adult loses their decision-making rights.  
Part 2.1 of the ''Adult Guardianship Act'' (''AGA'') contains a statutory process by which the PGT becomes statutory property guardian. As statutory property guardian, the PGT has the same authority as a committee of estate and will make legal and financial decisions on behalf of the adult.  


Adults may consult ''CLAS'' and the Public Guardian and Trustee for more information on committeeship.  The Public Guardian and Trustee produces a number of helpful publications on committeeships.  The resources can be found at http://www.trustee.bc.ca/reports-and-publications/Pages/default.aspx. It is also advisable to contact an Estate and Guardianship Litigation Lawyer, possibly through the Law Society’s Lawyer Referral Service (604-687-3221).  
Adults may consult ''CLAS'' and the Public Guardian and Trustee for more information on committeeship.  The Public Guardian and Trustee produces a number of helpful publications on committeeships.  The resources can be found at http://www.trustee.bc.ca/reports-and-publications/Pages/default.aspx. It is also advisable to contact an Estate and Guardianship Litigation Lawyer, possibly through the Law Society’s Lawyer Referral Service (604-687-3221).  
LSLAP
5,109

edits

Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/52691"