Determining Who May Apply For Adult Guardianship

A person, before he or she became mentally incapable, may have designated an individual to act as guardian in the event that he or she was ever in a state of incapacity. If no such designation was made, an individual must ask for the court's approval to be appointed as a person's guardian. At Edward F. Macaulay Law Corp of Vancouver, we prepare guardianship applications on behalf of clients and advise them of their ongoing responsibilities.

Requirements To Qualify As An Adult Guardian

An individual, while still mentally capable, can use one of several legal means to designate someone to be his or her guardian in the event of incapacity. These legal means include:

  • A representation agreement
  • An enduring power of attorney
  • A nomination of committee

However, if provisions were not made ahead of time and incapacity occurs, who will act as guardian is potentially in dispute. Any individual can apply to the BC Supreme Court to be guardian, pursuant to the Patients Property Act. The applicant may be a family member or a close friend.

When A Court Rejects An Application

The court can refuse the guardianship application and designate the Public Guardian and Trustee to be the committee for the person. This may be the result when there is, for example, disagreement between family members over who should hold the position of committee.

If you wish to apply to be the committee of a loved one, a lawyer can be an effective advocate for you in court.

Committeeships come with enormous responsibility to make critical medical, financial and personal care decisions on a loved one's behalf. At Edward F. Macaulay Law Corp, we advise clients on their potential duties as a committee and use our legal skills to successfully make the application in court.

Contact Us To Discuss Your Guardianship Application

If you have questions about capacity assessments or committeeships and wish to speak with a guardianship application lawyer in Vancouver, schedule a consultation with our firm. Call us at 604-259-2896 in the Lower Mainland or toll free at 800-401-4983. You can also contact our firm online.