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Incapacity and managing affairs

In order to acquire a certificate of incapability, the British Columbia College of Nursing Professionals requires the patient undergo a “medical and functional” assessment. As posted by the BCCNP, health officials are able to certify someone as incapable if they find the person in question is unable to manage their finances or health themselves.

With no one designated as a decision maker for financial or health decision, the office of the Public Guardian and Trustee can take over the responsibilities of the estate. You can read more about the technical details site, as well as the office of the Public Guardian and Trustee website.

If you are in a situation where you think that an elderly parent or family member is unable to make decisions for himself or herself, you may want to consider the possibility they may be incapable of making important decisions, and therefore someone else needs to step in.

In some cases, the state will take control of the decision-making process. This includes deciding upon living arrangements, long-term care arrangements and managing assets. In other situations, a family member can also apply to be the designated guardian of the person in question.

In both scenarios, it’s important to understand the legal implications and obligations of your situation. What may you be liable for? What should you be looking out for? How will this affect your family going forward? As each family is different, so will the answers to these questions.

If you are concerned about an incapable parent or family member it’s best to speak to an experienced estates lawyer. He or she will help you understand how an estate is managed when someone is still alive, but unable to make important decisions, and what options your family has to offer assistance or take control.

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