BC Committee Disputes Patients Property Act Lawyers Our Vancouver, BC Committee Disputes Patients Property Act Lawyers handle disputed BC committee disputes applications across BC from our 4 estate litigation offices located in Vancouver, Surrey, Kelowna and Fort St John. Contested BC committee disputes occur when a patient is found medically unfit to manage their personal and financial affairs.
What is A Committee and How Are They Appointed?
When this happens and the infirm person has not created a power of attorney or representation agreement appointing in advance of them becoming infirm someone to look after them, a court application is needed to appoint someone, usually a family member or the Public Guardian.
Disputes can arise amongst family members and security may need to be posted to ensure money is properly managed. It is important to act promptly when you have concerns about a loved one’s mental capacity to ensure they are not victimized financially or physically by unscrupulous caregivers.
In Simons, our highest court, the BC Court of Appeal dealt with an appeal disputing the fact a judge relied on affidavits instead of ordering a trial with witnesses on the stand giving evidence and being cross-examined. The Appeal Court found no error by the trial judge’s choice of using affidavits nor with the person the trial judge appointed as committee.
Here is what the law that our BC Committee Disputes Patients Property Act Lawyers must apply in BC:
[6] The affidavit material is voluminous and replete with mutual accusations and allegations of physical and financial abuse of the Patient. Although it is evident that everyone involved purports to love and care about the Patient, the acrimony between Jeffrey and Stephen Simons on the one side, and Ms. Di Clemente and Mr. Weinstein on the other side, has influenced the judgment of some of these parties to act to the detriment of the Patient. The situation has become intolerable and the following issues must be resolved with due dispatch:
10 …what is the appropriate mode of hearing?
2) Does the Patient require a committee?
3) If so, who is the best-qualified candidate? and
4) Should the Representation Agreement survive any appointment of committee?
[7] As to the mode of hearing, the judge said: [10] The decision to direct a trial of the issue of the Patient’s competency is a discretionary one: Lee (Re), 2002 BCSC 838. As stated earlier, the current situation is intolerable for the parties and a resolution needs to be achieved as quickly and efficiently as possible. In my opinion, nothing would be gained by setting this down for trial. The cost and delay to the parties would be enormous and unnecessary to make a fair decision.
[11] There are sufficient undisputed facts on the affidavits, or alternatively, disputed facts that can be resolved by the corroborative evidence of third party witnesses or documents, to allow for the proper exercise of my judicial function in this matter.
[8] The judge found that Montague Simons is a patient within the meaning of the Patients Property Act, R.S.B.C. 1996, c. 348, who requires appointment of a committee, a conclusion that is not challenged on appeal and is clearly correct.
[9] The judge next addressed the alternative persons presented for appointment as committee, Jeffrey Simons, Phillip Weinstein and the Public Guardian and Trustee, first as to committee of the person and second as to the estate.
The Judge Will Apply The Best Interests of the Patient Test
The judge observed that the paramount consideration on appointment of a committee is the best interests of the patient, citing British Columbia (Public Trustee) v. Pollen, [1996] B.C.J. No. 2394 (S.C.), and said: [27] … The test is similar to the one the court applies when dealing with children, but there is an important difference. As stated by Ballance J. in Vranic (Re), 2007 BCSC 1949 at paras. 92 and 93:
[92] … [T]he test … requires a more nuanced approach that acknowledges and takes into consideration issues concerning the adult’s autonomy, his personal dignity, his idiosyncrasies and the way he has chosen to live his life while capacitated. It also takes into account most assuredly any wishes he has validly expressed while mentally competent or lucid about who he would like to act as his committee or otherwise make decisions on his behalf.
[93] These factors should also inform the manner in which a committee performs his or her duties. …[28]
Additional factors when considering a candidate include the candidate’s previous involvement with the patient and his family, his knowledge and understanding of the patient’s situation and needs, his level of experience or capability in performing the duties of committee, his plan for management of the patient and any potential conflict of interest between the patient and the candidate: Bowman (Re), 2009 BCSC 523; Vranic (Re).
Our experienced BC Committee Disputes Patients Property Act Lawyers are ready to help protect your loved one’s person and estate and you can call us toll-free to set up an appointment at any of our 4 offices located in Vancouver, Surrey, Kelowna and Fort St John, BC. 1-877-602-9900.
