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ServiceBC Registry Team working on Legal Entities
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Requirements - Confirm which documents are accepted for a SI incapable of handing their own affairs #20103

Closed mstanton1 closed 7 months ago

mstanton1 commented 8 months ago

Policy noted the regulations will specify which documentation is deemed sufficient as proof an SI is incapable of handling their affairs. Confirm this documentation list with policy.

Note: at a high level policy identified the requirement will be for documentation issued by a physician or court of law.

Requirements: Policy has concluded that a court order OR a certificate of incapability issued by a health authority designate (see Form 2 of STATUTORY PROPERTY GUARDIANSHIP REGULATION) would be required to determine the status of incapability.

We are not required to collect this documentation up front but it's recommended we advise clients that they may be required to provide supporting document.

Apt766525 commented 8 months ago

Had a overall discussion with policy and recommended documentation would be documents issued by physician or court of law. Precise documents yet to be confirmed unless its written in the regulations.

mstanton1 commented 8 months ago

@Apt766525 can you circle back to policy to determine if there is any further information available on which documents would be acceptable as proof of incapacity? Julie (UX) will be working on a warning next week. If they are unable to provide specifics at this time we could provide something general for Julie to use and re-visit when this is available.

Suggestion for Generic: Proof of incapacity issued by a Court of Law or Health Care Practitioner may be required by the Registrar.

Apt766525 commented 8 months ago

@mstanton1 sure will get in touch with policy and update.

Apt766525 commented 8 months ago

@mstanton1 Policy has reached out to a contact in the Ministry of the Attorney General to request clarification on the Adult Guardianship Act. Once I have clarified the information we require will update the ticket.

Apt766525 commented 8 months ago

@mstanton1 @steveburtch The only document that has been confirmed is a court order, waiting for confirmation on the document issued by a health care practitioner.

Apt766525 commented 7 months ago

@mstanton1 Policy has concluded that a court order OR a certificate of incapability issued by a health authority designate (see Form 2 of STATUTORY PROPERTY GUARDIANSHIP REGULATION) would be required to determine the status of incapability.

mstanton1 commented 7 months ago

@Apt766525 I believe this is complete. Do you mind adding the requirement into the body of the ticket and this can be closed? For the requirement, I believe there was also policy feedback noting we are not required to collect this documentation up front but it's recommended we advise clients that they may be required to provide supporting document. Can you confirm if that is the case, and if so also make mention of that in the summary of requirements in the body of this before closing?

Apt766525 commented 7 months ago

Closing this ticket with the updated description.