Physician's Affidavit (BC)

Summary

This precedent is the physician's affidavit which must be filed with regard to an application for appointment of a committee under the Patients Property Act, R.S.B.C. 1996, c. 349 ("PPA"). This precedent includes practical guidance and drafting notes. If a person is a "patient" by certificate or declaration under the PPA, the Attorney General or any person may apply to the British Columbia Supreme Court for an order declaring that an adult is incapable. A person is a "patient" by certificate if a certificate has been signed by the director of a provincial mental health facility or psychiatric unit indicating that the person is incapable of managing his or her affairs. Pursuant to the PPA, a lawyer must submit two affidavits containing a medical opinion that the person is incapable of managing his or her affairs, incapable of managing himself or herself, or incapable of managing both. A medical affidavit must be sworn or affirmed by a member of the British Columbia College of Physicians...