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May 1, 2023 · There is also an important distinction in law between someone with mental health issues and someone who truly lacks the required mental capacity to enter into a contract. The Supreme Court for British Columbia has recently cautioned against blurring “the concepts of mental health disability, mental illness, and lack of capacity” ( Binng v Gill, 2022 BCSC 1479 at paras. 144 ff.).
Capacity to contract, testamentary capacity, or capacity to give a gift, all involve different considerations as determined at common law. As a result, an individual may be capable of making some decisions, but not others. (ii) Capacity is Time-Specific Capacity is time-specific in that it can vary over time. Individuals can have good days
- Appointment of Committee
- Powers of Committee
- Accounting Requirements
- Other Obligations of A Committee
- Termination of Committeeship
- Removal/Replacement of Committee
- Fees and Expenses
The relevant legislation in B.C. is the Patient’s Property Actand Rules. The person appointed to help an incapable adult is described as a committee. The committee may be appointed to handle the incapable adult’s “estate” for financial and legal affairs and/or the incapable adult’s “person” for personal and medical affairs. More than one person can...
The power given to a committee is broad, but can be expressly limited by court order. The committee stands in the shoes of the incapable adult and therefore would have all the rights and powers that the adult would have if capable. The adult loses all authority over those areas.
A committee must keep records of the incapable adult’s income and expenses. It is important for the committee to keep invoices to prove expenses in case of a challenge to the accounts. A committee must be prepared to pass these accounts before the Public Trustee every year. Accounts must also be passed when the adult dies or the committeeship ends....
A committee is a fiduciary and must act in the best interests of the incapable person, that is, without thought of personal gain. As well, a committee must not use any knowledge gained through the position for their own benefit. A committee must act as a reasonable person would in all of the circumstances and consider what the patient would have wa...
In B.C. the appointment of a committee continues until an application is made to declare the adult “capable” or is terminated by removal or death of the committee. Death of the patient does not automatically end the committeeship. The committee’s authority continues until probate or administration has been granted.
If the committee is not acting in the best interests of the patient or is in a conflict of interest, the committee can be removed by the court. Upon the removal or death of the committee, the court will order a replacement committee. In the meantime, the Public Trustee is the default committee.
At the time of the passing of the committee’s accounts, the Public Trustee determines the fee that the committee is entitled to based on the work performed and the success obtained. The fee may be set as a percentage of the value of the estate, or on an hourly or flat rate basis. In addition, committees are entitled to reimbursement for reasonable ...
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May 6, 2023 · As a general rule, anyone entering a real estate contract must have the mental understanding, mental capacity, of what the contract terms are, in addition to the legal implications of entering into the agreement. “It's very important because if someone doesn't have the capacity to enter into the contract they're signing, then the contract ...
May 6, 2023 · As a general rule, anyone entering a real estate contract must have the mental understanding, mental capacity, of what the contract terms are, in addition to the legal implications of entering ...
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May 8, 2023 · B.C. lawyer highlights mental health in real estate contracts With Mental Health Week coming to a close, conversations around mental health in the industry will create a more supportive environment, says the CEO of the B.C. Real Estate Association Vancouver-based lawyer Amy Peck says mental health conversations in the real estate industry are needed, especially … Continued
