Section 1 definition of "committee" was added by 2014-9-30(a), effective December 1, 2014 (BC Reg 115/2014).
Section 1 definition of "patient", paragraph (a) BEFORE amended and (a.1) was added by 2014-9-30(b), effective December 1, 2014 (BC Reg 115/2014).
(a) a person who is described as one who is, because of mental infirmity arising from disease, age or otherwise, incapable of managing his or her affairs, in a certificate signed by the director of a Provincial mental health facility or psychiatric unit as defined in the Mental Health Act, or
Section 3 (2) (c) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(c) the Rules of Court apply;
Section 3.1 was enacted by 2014-9-31, effective December 1, 2014 (BC Reg 115/2014, as amended by BC Reg 203/2014).
Section 9 (b) BEFORE amended by 2009-13-243, effective March 31, 2014 (BC Reg 148/2013).
(b) executed in accordance with the requirements for the making of a will under the Wills Act,
Section 10 (1) (d) BEFORE amended by 2001-2-21, effective March 29, 2001 (Royal Assent).
(d) the committee must pass the committee's accounts before the Public Guardian and Trustee within 30 days after the second anniversary of the date of the appointment and after that within 30 days after the anniversary of the date of the appointment in every second year;
Section 10 (1) (a), (b) and (d) BEFORE amended by 2003-37-38, effective May 29, 2003 (Royal Assent).
(a) the committee must within 6 months of the appointment deliver to the Public Guardian and Trustee a true inventory of the whole estate of the patient, stating the estimated revenue of it, and setting out the debts, credits and effects of the patient to the extent they have come to the knowledge of the committee;
(b) if property belonging to the patient is discovered after the delivery of an inventory under paragraph (a), the committee must deliver to the Public Guardian and Trustee a true account of the property as it is discovered;
(d) the committee must pass the committee's accounts before the Public Guardian and Trustee at the times directed by the Public Guardian and Trustee;
Section 11 (a) to (d) and (2) BEFORE repealed by 2014-9-33, effective December 1, 2014 (BC Reg 115/2014).
When a person ceases to be a patient
11 (1) A person ceases to be a patient on any of the following events:
(a) being discharged from a Provincial mental health facility or a psychiatric unit, under the Mental Health Act, except if the Public Guardian and Trustee continues as committee under subsection (2);
(b) an order being made with respect to the person under section 33 (8) (a) or (b) of the Mental Health Act;
(c) being released on leave under section 37 of the Mental Health Act or being transferred to an approved home under section 38 of the Mental Health Act, if one of the conditions specified by the director of the Provincial mental health facility from which the person is released or transferred is that the person ceases to be a patient for the purposes of this Act;
(d) the delivery to the patient's committee of a certificate, signed by the director of a Provincial mental health facility or psychiatric unit as defined in the Mental Health Act, that the person is no longer incapable of managing his or her own affairs;
(2) Subject to an order made under section 4, or to a certificate under subsection (1) (d), the Public Guardian and Trustee may continue as committee of the estate of any person who has been discharged from a Provincial mental health facility or psychiatric unit, and may retain the control and administration of the person's estate, so long as it is in the Public Guardian and Trustee's opinion necessary or desirable in the interests of that person or of the person's estate.
Section 15 (1) (a) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(a) the committee of a patient as defined by paragraph (a) of the definition of patient in section 1 has all the rights, privileges and powers with regard to the estate of the patient as the patient would have if of full age and of sound and disposing mind,
Section 15 (1) (a) BEFORE amended by 2014-9-34, effective December 1, 2014 (BC Reg 115/2014).
(a) the committee of a patient as defined by paragraph (a) of the definition of patient in section 1 has all the rights, privileges and powers with regard to the estate of the patient as the patient would have if of full age and of sound and disposing mind, and
Section 16 BEFORE amended by 2003-37-39, effective May 29, 2003 (Royal Assent).
Special direction limiting powers of committee
16 (1) On the appointment of a committee, the court may, by the same order, direct that the committee does not have the rights, privileges or powers specified in the order.
(2) If the court has specified that the committee does not have certain rights, privileges or powers,
(a) the registrar of the court must send a copy of the order to the Public Guardian and Trustee, and
(b) the Public Guardian and Trustee has the rights, powers and privileges specified, and to that extent is the co-committee of the patient.
Section 18 BEFORE renumbered as (1) and (2) was added by 2014-9-35, effective December 1, 2014 (BC Reg 115/2014).
Section 19.1 (4) (a) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(a) the Public Guardian and Trustee's authority as committee under the certificate referred to in paragraph (a) of the definition of "patient" in section 1, is terminated on the making of that determination, and
Section 19.1 (1) (b) BEFORE amended by 2011-5-28, effective September 1, 2011 (BC Reg 111/2011).
(b) every provision of a representation agreement made by the person in respect of his or her property unless the representation agreement is one referred to in section 19.2 (1) (b).
Section 19.1 (1) (part) and (4) (a) BEFORE amended by 2014-9-36, effective December 1, 2014 (BC Reg 115/2014).
(1) On a person becoming a patient as defined in paragraph (a) of the definition of "patient" in section 1, the following are suspended:
(4) If the Public Guardian and Trustee determines that it is not necessary or desirable for the Public Guardian and Trustee to manage the patient's property,
(a) the Public Guardian and Trustee's authority as committee under the certificate referred to in paragraph (a) of the definition of "patient" in section 1 is terminated on the making of that determination, and
Section 19.2 BEFORE repealed by 2011-5-29, effective September 1, 2011 (BC Reg 111/2011).
Termination of committee if representation agreement applies to all property of person becoming a patient other than by court order
19.2 (1) This section applies if
(a) before becoming a patient as defined in paragraph (a) of the definition of "patient" in section 1, a person made a representation agreement in respect of which a certificate was completed under section 9 (2) (b) of the Representation Agreement Act,
(b) the representation agreement, by virtue of the authority given to a representative under section 9 (1) (g), (h) or (i) of the Representation Agreement Act, or under both that section and section 7 (1) (b) or (d) of that Act, applies to all of the person's property, and
(c) the Public Guardian and Trustee receives a copy of each of the following:
(i) the representation agreement;
(ii) the certificates referred to in sections 5 (4), 9 (2) (b), 12 (3) and 13 (6) of the Representation Agreement Act;
(iii) an undertaking in the prescribed form signed by the representative.
(2) If the conditions in subsection (1) are met, the Public Guardian and Trustee's authority as committee under the certificate referred to in paragraph (a) of the definition of "patient" in section 1 is terminated on the Public Guardian and Trustee notifying the representative that those conditions have been met.
(3) The Lieutenant Governor in Council may prescribe a form of undertaking for the purposes of subsection (1) (c) (iii).
Section 20 BEFORE repealed by 2011-5-29, effective September 1, 2011 (BC Reg 111/2011).
Conveyances
20 Every gift, grant, alienation, conveyance or transfer of property made by a person who is or becomes a patient is deemed to be fraudulent and void as against the committee if
(a) the gift, grant, alienation, conveyance or transfer is not made for full and valuable consideration actually paid or sufficiently secured to the person, or
(b) the donee, grantee, transferee or person to whom the property was alienated or conveyed had notice at the time of the gift, grant, alienation, conveyance or transfer of the mental condition of the person.
Section 24 BEFORE amended by 2003-37-40, effective May 29, 2003 (Royal Assent).
24 On the death of a patient and until letters probate of the will or letters of administration of the estate of the patient are granted and notice in writing of the grant is served on the committee, the committee of the patient
(a) continues to have the rights, powers, duties and privileges that the committee would have had if the patient had not died, and
(b) has the powers of an executor of the last will and testament of or the administrator of the estate of the patient.
Section 24 (1) BEFORE amended by 2009-13-244(a) and (b), effective March 31, 2014 (BC Reg 148/2013).
(1) Subject to subsection (2), on the death of a patient and until letters probate of the will or letters of administration of the estate of the patient are granted and notice in writing of the grant is served on the committee, the committee of the patient
(a) continues to have the rights, powers, duties and privileges that the committee would have had if the patient had not died, and
(b) has the powers of an executor of the last will and testament of or the administrator of the estate of the patient.