Guardianship & Trusteeship Law in Vancouver

Guardianship & Trusteeship Lawyers in Vancouver, British Columbia

When a loved one becomes incapacitated or struggles to make decisions about personal and financial matters, it can be a challenging and overwhelming experience for the family. In the absence of estate planning documents like an enduring power of attorney or a personal directive, families must apply to the court for adult guardianship or trusteeship to enable a family member to make important decisions in the best interests of their incapacitated loved one.

Navigating the process can be complex, but the guardianship and trusteeship lawyers at Vest Estate Lawyers in Vancouver are here to help. Our team can assist you in coordinating your application with the court and provide guidance on how to proceed.

Understanding the Adult Guardianship Act in British Columbia

The Adult Guardianship Act is a British Columbia construct that outlines the process of arranging decision-making responsibility for someone who has lost the capacity to make decisions due to sudden incapacitation, illness, or cognitive impairment. When there is no authorization via estate planning documents, the court must assign someone to manage the affairs of the incapacitated person.

Defining Capacity in British Columbia

In British Columbia, capacity is defined as the ability to understand information relevant to making a decision and the ability to appreciate the reasonably foreseeable consequences of making or not making a decision. Capacity is measured on a spectrum, and an individual may have the capacity to make some decisions but not others.

Types of Decisions Covered by the Adult Guardianship Act

The act primarily concerns decision-making in two key areas of life:

1. Financial decisions – including buying, selling, or managing assets
2. Personal decisions – including decisions about healthcare, living arrangements, social arrangements, education, employment, and legal proceedings

Decision-Making Options for Financial and Personal Matters

Depending on the circumstances, various options are available to the court to ease the situation for family members when a loved one has lost the capacity to make financial or personal decisions. These options include temporary trusteeship orders, trusteeship orders, supported decision-making, co-decision-making orders, specific decision-making orders, and permanent or temporary guardianship.

Who Can Be Named as a Decision-Maker in British Columbia?

The role of decision-maker or supporter carries significant responsibility. As such, only certain people can be authorized to act in this role for financial or personal matters for an incapacitated person in British Columbia. The appointed individual should know the represented adult well, be trustworthy, have the capacity to make decisions, be at least 18 years old, and consent to act as the decision-maker.

How Vest Estate Lawyers Can Help

At Vest Estate Lawyers in Vancouver, our lawyers can help you prepare and submit your application for guardianship or trusteeship. We will assist you in completing the necessary paperwork and filing all of the correct documents with the appropriate authorities. If you wish to avoid the need for guardianship or trusteeship, we can also help you create all of the necessary estate planning documentation.

To learn more about how we can support you and your family during this challenging time, schedule a one-on-one case evaluation with our team at Vest Estate Lawyers in Vancouver.