Palamarek (Re)

Palamarek (Re)

Appointment must serve the patient's best interests; the court preferred evidence of the treating professionals and the candidates' demonstrated judgment. The 2006 representation agreement and the patient's prior choice of Ralph, the adequacy of care at the Lodge, the absence of reliable proof of improper chemical...

Source-derived case information.

Citation
2011 BCSC 563
Parties
Petitioner: Ralph Palamarek; Petitioner: Robert Palamarek; Respondent and Cross Petitioner: Lois Sampson; Patient: Kathleen Palamarek
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 May 2011
Procedural Posture
Patients Property Act Committeeship Appointment / Hearing and Final Judgment
Outcome
Petition of Ralph and Robert granted; petition of Lois Sampson dismissed.
Legal Topics
Committeeship Appointment, Representation Agreements and Capacity, Use of Antipsychotic Medication, Residence and Visitation Decisions, Conflict of Interest
Source Language
english
Capacity and Guardianship Health Care Law Elder Law Estate Administration Committeeship Appointment Representation Agreements and Capacity Use of Antipsychotic Medication Residence and Visitation Decisions +1 more

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Parties

Ralph Palamarek

Petitioner

Robert Palamarek

Petitioner

Lois Sampson

Respondent and Cross Petitioner

Kathleen Palamarek

Patient

Procedural Posture

Patients Property Act Committeeship Appointment / Hearing and Final Judgment

Legal Issues

  1. 1 Who should be appointed committee of the person and estate under the Patients Property Act?
  2. 2 Whether the October 2008 revocation and second representation agreement was valid given patient capacity and possible coaching
  3. 3 Whether antipsychotic medication was inappropriately prescribed (chemical restraint)

Ratio Decidendi

Appointment must serve the patient's best interests; the court preferred evidence of the treating professionals and the candidates' demonstrated judgment. The 2006 representation agreement and the patient's prior choice of Ralph, the adequacy of care at the Lodge, the absence of reliable proof of improper chemical restraint, and Lois Sampson's disqualifying conduct in orchestrating removal from the Lodge warranted appointing Ralph and Robert as co‑committees and dismissing Sampson's petition.

Court Disposition

Petition of Ralph and Robert granted; petition of Lois Sampson dismissed.

Orders

  • Ralph and Robert Palamarek are appointed committees of the person and estate of Kathleen Palamarek.
  • Petition of Lois Sampson to be appointed committee is dismissed.