95-year old Zsa Zsa Gabor, a Hollywood actress and socialite, has been the subject of a dispute between her husband and her daughter. The daughter started a court action seeking to be her mother’s conservator (in British Columbia, one would seek to be appointed a committee under the Patients Property Act.)
Earlier this month, the court in Los Angeles named the husband a temporary conservator of Ms. Gabor’s estate. The daughter is allowed to visit weekly, on 24-hours notice, and will receive financial statements monthly: see the ABC news website article here: http://abcnews.go.com/blogs/entertainment/2012/07/zsa-zsa-gabors-husband-wins-temporary-conservatorship/
In British Columbia, the person seeking to be appointed as committee (adult guardian) will send their application to the Public Guardian and Trustee of British Columbia (the “PGT”) for review before attending in Court. The PGT will write a letter of recommendation (or not) which is then put before the Court. If the Court appoints a committee (an adult guardian), the Order may put the adult guardian in charge of a person’s estate or person or both.
Sometimes protection is also ordered by the Court to safeguard the vulnerable person’s assets. When the person is appointed guardian of the estate, the Court may order security in the form of a bond, or it may place restrictions on certain assets. For example, the Court may make an order preventing the committee from selling the home, or to have access only to the income (not the capital) on certain assets, without notifying the PGT and/or getting a further court order.
When the person is appointed committee of the vulnerable person’s estate, a copy of the order is sent to the PGT. The PGT will then send a letter to the committee advising how frequently the person will be required to “pass their accounts,” which means to explain in detail the person’s assets at the beginning, all expenditures, liabilities, income, and changes to the assets (i.e. rolling over a GIC when it matures.) Frequently this is set for one year after the Court Order. The accounts are This is done pursuant to section 10 of the Patients Property Act, which states:
10(1)(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, including, if the Public and Guardian Trustee requires it, 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;
10(1)(e) if required by the Public Guardian and Trustee, the committee must pass the accounts before the Supreme Court in the county in which the committee was appointed committee.
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