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Guardianship law in Port Coquitlam, Canada pertains to issues surrounding the caretaking of adults incapable of acting for themselves and minor children. These laws determine who has the legal right to make decisions for the wards regarding their healthcare, finances, and personal affairs. The guardians can be individuals, institutions or agencies chosen by the court or specified in the ward’s estate planning documents.
If you are considering becoming a guardian to a minor child or an adult who cannot act for themselves, you may need a lawyer’s assistance. The guardianship process can be complex and involves appearing in court, preparing legal documentation, and possibly fighting against other potential guardians. If you are the guardian and someone contests your guardianship, a lawyer can help you navigate through the legal process.
Local law in Port Coquitlam indicates that guardianship cannot be awarded unless it is in the best interest of the ward. The potential guardians will need to provide a care plan and disclose their financial details. In the case of adult wards, the court considers the adult’s personal wishes if they are capable of sensible judgment. Minors over the age of 12 can also state their preference for guardianship.
The process involves applying to the court for guardianship, submitting a proposed care plan, fulfilling background checks and disclosing financial history. If there is no contest, the court can grant guardianship. Otherwise, a trial may proceed.
Yes, anyone can contest guardianship if they have a legitimate interest in the ward’s well-being. This could lead to a trial to determine the best guardian.
A guardian is appointed by the court and has duties and obligations towards the ward. A power of attorney is chosen by the individual before they become incapacitated and the person can specify the duties of the power of attorney.
Yes, if the court determines that the guardian is not acting in the best interest of the ward, the guardian can be removed.
Yes, in Port Coquitlam, if the child is over 12, their preference is considered in the appointment of a guardian.
If you need more information, we recommend checking the website of the BC Ministry of Attorney General, particularly the Family Law in British Columbia website and the Public Guardian and Trustee of BC. They provide a wide array of information on the topic.
If you need legal assistance in Guardianship, consider consulting a lawyer. Search for a lawyer who specializes in Family Law or Elder Law as they would be well-versed in Guardianship Law. Make sure to do your research and consult more than one professional to find the best fit. Last but not least, remember to collect all your relevant documents and be prepared with your questions when you visit your lawyer.
