Our Estates & Trusts lawyer Polly Storey has been interviewed and quoted in a new article from Advisor’s Edge, a national publication that provides news, analysis, practice management ideas and strategies to IIROC and MFDA advisors across Canada.

Polly recently published a timely analysis of Sandhu (Re), 2022 BCSC 2027, which considered the obligations around ordering an adult to submit to an assessment of their mental capacity without their consent. In 2012, the British Columbia Court of Appeal confirmed that such an order could be made in limited circumstances because of a “legislative gap” that existed where a person who appeared to be incapable refused to attend an assessment of their capacity. Now, a recent decision of Justice Shergill from the Supreme Court of British Columbia indicates that this “gap” may have been filled by new legislation. The decision in Sandhu (Re), 2022 BCSC 2027, means that although the gap may have closed, there may be an open question about how to assist a vulnerable or at-risk adult in certain situations.

Shortly after Polly’s article was published, Advisor’s Edge reached out to her for an interview for their own piece which analyzes the impacts of the Sandhu (Re) decision, the context from the landmark 2012 BC Court of Appeal decision in Temoin v. Martin, 2012 BCCA 250, and highlights the importance of advisors helping clients establish their estate documents while they are still in good health.

Read the full article, Court refuses to force capacity assessment on unwilling senior in Advisor’s Edge.