Patients Under The Patients Property Act

Individuals may become patients under the Patients Property Act, R.S.B.C. 1996, c. 349 by:

1. certification under the Mental Health Act, R.S.B.C. 1996, c. 288 that they are incapable of managing their own affairs; or
2. declaration of a judge under the Patients Property Act that they are incapable of managing either themselves or their affairs.

The Act regulates the management of a patient’s estate, and the court may appoint a committee to manage the patient’s affairs. Pending such an appointment, the Public Guardian and Trustee is the committee of the patient. The Act also addresses the effect on conveyances made by patients and powers of attorney given by patients.

Note that most orders appointing committees include restrictions on dealing with the land of the patient. For information about the powers of committees, see the discussion of the Patients Property Act in “Overview of the Trustee Act” in chapter 64.

Verification of Appointment

To register a dealing with land, the registrar requires a certified copy of the court order of appointment of the committee showing that the court-appointed committee has the power to deal with land. The registrar may require an affidavit stating that the committee has not been discharged. Where the committee is the Public Guardian and Trustee, the registrar does not require a court order.

Where the committee is resident outside the province, the register requires a certified copy of the order in council appointing the committee, as required under s. 31 of the Act, before registering a dealing with land.

Submissions

On the Declaration form, enter a description of the committee order and attach an image of a court certified copy of a committee order. The electronic Declaration is submitted in support of the instrument that creates or deals with the interest in land.

Execution of Instruments

By a Committee: A committee executes an instrument in a form similar to that followed by an attorney under a power of attorney:

JANE SMITH

BY HER COMMITTEE MARY JONES

The committee must execute the instrument in the presence of an officer in accordance with Part 5 of the Land Title Act. See in particular ss. 45 and 46 of the Land Title Act.

By the Public Guardian and Trustee: The form of execution by the Public Guardian and Trustee should be as follows:

JOHN SMITH

BY THE PUBLIC GUARDIAN AND TRUSTEE, COMMITTEE OF HIS/HER ESTATE

BY ______________________ FOR THE PUBLIC TRUSTEE