Mental Incompetency and the Patient’s Property Act

Re Silkstrom 2017 BCSC 206 involved a contested application under the Patient’s Property Act to be appointed the committee of the person of an elderly mental incompetency patient. A Trust company had earlier been appointed to manage the elderly woman’s  financial affairs pursuant to a Power… Read more

Suspicious Circumstances

Arauju v Neto 2001 BCSC 935 is an undue influence /lack of capacity case that discusses suspicious circumstances.   The court found that due to suspicious circumstances the will maker was not allowed to rely upon the presumption that he was mentally capable when the… Read more

Dementia disease

An epidemic of dementia disease is predicted to occur within the next 15-20 years. The most common types of dementia disease such as Alzheimers, frontotemporal dementia, vascular dementia, and Lewy Bodies are expected to dramatically increase by %50  over the next 15 -20 years as… Read more

Committeeship and the Patients Property Act

Re Haston 2016 BCSC 1962 is a good review of the law relating  to the appointment of a committee under the Patients Property Act, as well as the criteria for choosing the best party to be the committee. Once appointed the committeeship voids any Powers of… Read more

Mental Capacity Required to Marry and Separate Incorrect

The BC Court of Appeal was incorrect in finding that the mental test to marry and separate is a low one involving a “ simple” contract. As any of the legions of matrimonial lawyers will tell you, it may be easy to get into this… Read more

Court Termination of Representation Agreements

Baker-McGrotty v Baker 2016 BCSC 699 discuss when the court will exercise its discretion to NOT terminate representation agreements after the appointment of a committee under the Patients Property Act.   26 Section 19 of the Patients Property act provides as follows: 19 On a… Read more

Who Should Be Appointed Committee

The thorny topic of  who should be appointed Committee was discussed in Baker-McGrotty V Baker 2016 BCSC 699. The case involved a representation agreement appointing a care giver but was signed when the patient was severely cognitively impaired, so it was suspect in it’s validity…. Read more

Burden of Proof In Mental Capacity

Becker v Becker 2016 BCSC 487 nicely summarizes much of the law relating to mental capacity aka testamentary capacity including the law re the burden of proof in mental capacity cases.    THE  LAW   51      The burden of proving testamentary capacity is on the… Read more

Who Should Be Appointed Committee (Guardian)

The vexing problem of who should be appointed the committee ( legal guardian) of a demented person under the Patient’s Property Act  RSBC often involves the worst of family ” tug a wars” over the financial  and personal affairs of a loved one.   The… Read more

S. 52 WESA-Undue Influence Presumption re Dependence

S. 52 WESA is a new provision that applies where a person establishes that a party was in a position where there was potential for dependence or domination of the will maker, and alleges that a gift in the will, resulted from the party using… Read more

Committeeship Order Terminates Representation Agreement and Power of Attorney

Re Unrick 2015 BCSC 1330 held that an order of committeeship under the patient’s property act terminates both an existing Power of Attorney, as well as a Representation Agreement. A petition was brought by the 91-year-old patient’s next of kin to have her declared mentally… Read more

Committeeship Criteria

The criteria to be considered when appointing a committee under the Patients Property Act was stated in Re Stewart 2014 BCSC 2321: The application for an appointment invokes the parens patriae jurisdiction of the court and is governed by an assessment of who will serve… Read more

PPA Revokes Power Attorney and Representation Agreement

Uhrick (Re), 2015  BCSC 1330 discusses how a finding under s19 of the Patients Property act appointing a committee as the court ordered personal representation of a mentally incompetent person revokes any outstanding power of attorney and may revoke a Representation Agreement relating to health care… Read more

Early Onset Dementia

Early onset dementia is occurring more frequently and developing a decade before than it was 20 years ago, a wide-ranging international study has found. Anecdotally the research confirms what many of us have experienced first-hand. One of my classmates, Rick Sugden became known as the” lawyer’s… Read more

Mental Incapacity and Paranoid Delusions

Mental Incapacity and Paranoid Delusions Verwoord v. Goss, 2014 BCSC 2122 is one of a few cases, and perhaps a trend in incapacity law, where the courts have found a will invalid by reason that the deceased was delusional about a beneficiary that should have been… Read more