Appointing A Committee For Testamentary Incapacity In British Columbia
People preparing their estate plans often overlook the possibility of them losing mental capacity in the future. Complications like dementia can hamper a person’s ability to think clearly and remember important life aspects. Without preparing for such issues, people making estate plans and their beneficiaries can find themselves in trouble.
If you live in British Columbia and want to avoid these complications, you can appoint a dedicated committee to safeguard your interests. A testamentary incapacity committee in BC safeguards your interests and supports your estate planning journey if you lose mental capacity.
Estate planning involves much legality and you shouldn’t take this committee for granted, too. Always hire a trusted will and testament lawyer in BC to help you in the process. They will prepare the documents you need and ensure that the appointment of your testamentary committee happens smoothly.
What Are The Types Of Testamentary Committees In BC?
In British Columbia, you can appoint two types of testamentary committees – a committee of an estate and a person.
The committee of an estate is responsible for overlooking your estate plan related to legal, administrative, and financial operations. They also manage transfers and transactions related to your business.
A committee of a person, on the other hand, deals with your personal and health care. They will largely overlook your representation agreement and other related estate planning tools.
How Is A Committee For Testamentary Incapacity Appointed In BC?
Any individual can appoint a committee of testamentary incapacity while being mentally sound. If they lose capacity, an interested party can appeal to the court for committee ship after proving the same.
The committee for testamentary incapacity is similar to a Power of Attorney (POA). However, your POA will become invalid if you are proven to be mentally incapable during its execution. Always ensure that you prepare this document while you are fully capable mentally.
Moreover, it can be difficult to prove a testator’s capacity if they have not appointed a committee beforehand. This may lead to various disputes and contestations. This is another reason why you should plan your estate and appoint a testamentary incapacity committee as early as possible.
Any loved one needs to prove the testator’s mental incapacity according to the Adult Guardianship Act of 1996. They should file a petition to receive committeeship and provide medical evidence for the testator’s mental incapacity.
The court will approve the petition if it receives affidavits signed by two doctors about the concerned testator.
What Are The Benefits Of Appointing A Committee For Testamentary Incapacity In BC?
Here are the key benefits you can receive after appointing a committee for testamentary incapacity in BC while being of a sound mind:
Continuing Your Operations
Your operations are likely to be hampered without a committee to look after them. They step in when you lose mental capacity and ensure the continuity of your legal, financial, and personal affairs.
Preventing Exploitation
It is easy to scam an individual who has lost (or is losing) their mental capacity. Appointing a committee prevents anyone from taking advantage of you when you are vulnerable.
Court Supervision
The BC court is involved in the appointment and approval of a committee of testamentary incapacity. This ensures that the committee’s actions are legal and in the testator’s best interests.
Ensuring Personal Well-being
Preparing a committee of person can ensure your well-being after you lose mental capacity. The appointed individual will look after your physical and mental health when you aren’t capable of doing so. You can mention the precise help you need in your document while appointing the committee.
Receive Legal Help In Appointing A Committee For Testamentary Incapacity From Cube Law
If you fear losing your mental capacity and are preparing your estate plan, Cube Law will help you appoint a committee for testamentary incapacity. Our wills and testament lawyers in BC will guide you in drafting the document and appointing a trusted committee. They will also work in your best interest and help you with matters related to the court. You can trust us to assist you throughout the process while explaining all the jargon you may not understand in simple terms. Contact Cube Law to learn more about our services and get started.