Tompkins (Re)

Tompkins (Re)

Isabelle was medically incapable of managing her affairs; appointment must serve her best interests. Because the two daughters cannot cooperate and there is a real conflict (notably the disputed $100,000 transfer) that would place a family appointee in a position of self-interest and likely exacerbate conflict, the court must appoint an independent third party. The Public Guardian and Trustee is appointed as Committee; family members are unsuitable despite competence; special costs are awarded to petitioning and responding family members who acted to protect the patient's interests.

Citation
2009 BCSC 1968
Parties
Proposed Patient: Isabelle Tompkins; Petitioner: Colleen Tompkins; Respondent/objector: Kelly Tompkins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 August 2009
Procedural Posture
Committeeship (patients Property Act) / Oral Reasons / Judgment (in Chambers)
Outcome
Declared Isabelle Tompkins incapable of managing her affairs; declined to appoint Colleen alone or both daughters as Co-Committees; appointed the Public Guardian and Trustee as Committee of the Estate; awarded special costs against the estate in favour of Colleen and Kelly.
Legal Topics
Capacity, Appointment of Committee, Conflict of Interest, Powers of Attorney, Costs (special Costs), Gift Vs Loan Dispute, Management of Estate, Survivorship Rights
Source Language
English
Trusts and Estates Guardianship/committeeship Capacity Law Elder Law Capacity Appointment of Committee Conflict of Interest Powers of Attorney +4 more

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Parties

Isabelle Tompkins

Proposed Patient

Colleen Tompkins

Petitioner

Kelly Tompkins

Respondent/objector

Procedural Posture

Committeeship (patients Property Act) / Oral Reasons / Judgment (in Chambers)

Legal Issues

  1. 1 Whether Isabelle Tompkins is incapable of managing her affairs
  2. 2 Who should be appointed Committee of the Estate
  3. 3 Whether family conflict disqualifies family members from appointment

Ratio Decidendi

Isabelle was medically incapable of managing her affairs; appointment must serve her best interests. Because the two daughters cannot cooperate and there is a real conflict (notably the disputed $100,000 transfer) that would place a family appointee in a position of self-interest and likely exacerbate conflict, the court must appoint an independent third party. The Public Guardian and Trustee is appointed as Committee; family members are unsuitable despite competence; special costs are awarded to petitioning and responding family members who acted to protect the patient's interests.

Court Disposition

Declared Isabelle Tompkins incapable of managing her affairs; declined to appoint Colleen alone or both daughters as Co-Committees; appointed the Public Guardian and Trustee as Committee of the Estate; awarded special costs against the estate in favour of Colleen and Kelly.

Orders

  • Declare that Isabelle Tompkins is incapable of managing her own affairs.
  • Decline to appoint Colleen Tompkins as Committee of the Estate.