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 decisions.
The act states inter alia:
19. On a person becoming a patient as defined in paragraph (b) of the definition of “patient” in section 1,
(a) every power of attorney given by the person is terminated, and
(b) unless the court orders otherwise, every representation agreement made by the person is terminated.
The court must first make a determination of mental incapacity based on the evidence, usually by affidavits of two medical doctors under s3 of the PPA:
s. 3(1) of the PPA makes it mandatory for the court to make the declaration if the criteria are met. It provides:
3 (1) If, on
(a) hearing an application, and
(b) reading the affidavits of 2 medical practitioners setting out their opinion that the person who is the subject of the application is, because of
(i) mental infirmity arising from disease, age or otherwise, or
(ii) disorder or disability of mind arising from the use of drugs,
incapable of managing his or her affairs or incapable of managing himself or herself, or incapable of managing himself or herself or his or her affairs,
the court is satisfied that the person is, because of
(c) mental infirmity arising from disease, age or otherwise, or
(d) disorder or disability of mind arising from the use of drugs,
incapable of managing his or her affairs or incapable of managing himself or herself, or incapable of managing himself or herself or his or her affairs, it must, by order, declare the person
(e) incapable of managing his or her affairs,
(f) incapable of managing himself or herself, or
(g) incapable of managing himself or herself or his or her affairs.
Re Representation agreements:
In Lindberg v. Lindberg, 2010 BCSC 1127 (CanLII) at para. 49, Wilcock J. identified the following criteria with respect to whether a representation agreement should be allowed to stand after a person has been appointed a patient:
(a) the circumstances in which the representation agreement was executed;
(b) the scope of the representation agreement; and
(c) the basis for the application to set it aside.
In the Urich decision the court also revoked the Representation agreement stating:
[30] I note again that the PPA provides that a representation agreement is to be terminated when a person is declared a patient unless the court orders otherwise.
