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Difference between revisions of "Guardianship in BC: Committeeship (15:VII)"
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Guardianship in BC: Committeeship (15:VII) (view source)
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It is important to keep in mind that the two different processes for creating a Committeeship are quite different from each other and are governed by different pieces of legislation. Students should 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. | It is important to keep in mind that the two different processes for creating a Committeeship are quite different from each other and are governed by different pieces of legislation. Students should 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. | ||
An individual subject to Committeeship, or the threat of Committeeship, may present as extremely upset, angry or confused, especially if there were no court proceedings in which they were involved. In order to assist this this individual best possible way, it is important to understand of the gravity of the situation for the individual, and why the individual may be feeling this way. Factors to keep in mind include: | |||
*The effect of a Committeeship is that the adult loses his or her decision-making rights and is considered a non-person under the law; | *The effect of a Committeeship is that the adult loses his or her decision-making rights and is considered a non-person under the law; | ||
*The adult will likely have a Committee for the rest of his or her life; | *The adult will likely have a Committee for the rest of his or her life; | ||
*Committeeship is difficult and costly to reverse; | *Committeeship is difficult and costly to reverse; | ||
*The Committee, subject to some limitations, has the power to do almost anything the adult could do for themselves, if he or she were mentally capable. This authority is wide ranging and may include consenting to healthcare, determining where the adult will live, what the adult can purchase, what medications he or she will take, etc. As such, the adult becomes highly dependent on the Committee and is vulnerable to abuse and neglect. | *The Committee, subject to some limitations, has the power to do almost anything the adult could do for themselves, if he or she were mentally capable. This authority is wide ranging and may include consenting to healthcare, determining where the adult will live, what the adult can purchase, what medications he or she will take, etc. As such, the adult becomes highly dependent on the Committee and is vulnerable to abuse and neglect. | ||
*The test of mental capacity is a legal test, based on the opinion of two doctors. However, the adult may remain able to manage independent decision-making in some aspect(s) of his or her life, and the adult may, at first glance, present as capable. | *The test of mental capacity is a legal test, based on the opinion of two doctors. However, the adult may remain able to manage independent decision-making in some aspect(s) of his or her life, and the adult may, at first glance, present as capable. | ||
:'''NOTE:''' A court ordered Committeeship and its application is a Supreme Court procedure. Provincial courts do not have the jurisdiction required. Consequently, LSLAP cannot represent clients who are applying for Committeeship, nor can LSLAP complete the required forms and documents required for applications. The role of LSLAP in assisting clients with Committeeship matters is strictly informational and advisory. | :'''NOTE:''' A court ordered Committeeship and its application is a Supreme Court procedure. Provincial courts do not have the jurisdiction required. Consequently, LSLAP cannot represent clients who are applying for Committeeship, nor can LSLAP complete the required forms and documents required for applications. The role of LSLAP in assisting clients with Committeeship matters is strictly informational and advisory. | ||
Individuals may consult the Public Guardian and Trustee for more information on Committeeship. The Public Guardian and Trustee produces a number or helpful publications on Committeeships. The resources can be found at http://www.trustee.bc.ca/reports_publications/index.html. It is also advisable to contact an Estate and Guardianship Litigation Lawyer, possibly through the Law Society’s Lawyer Referral Service (604-687-3221). | |||
== A. Court Ordered Committeeship == | == A. Court Ordered Committeeship == | ||