Godsgaard, RE 2009 BCSC 891

The best interests of the incapable adult are the paramount consideration when the Court is appointing a committee.  The relative who exhibits devotion and commitment to the adult over a long period of time is to be preferred over others. see Godsgaard, RE 2009 BCSC 891

This most likely will happen if you end up in a courtroom but it will not happen if the public guardian and trustee wants to be committee as there is no due process.  The PGT is a medieval court.  It decides on gossip if a person is incompetent to be a committee by using a Certificate of Incapability.

What they said about me in its confidential assessment as follows. The redacted section that I  uncovered years later:

Question:  Of the people available who was not contacted for collateral information and why.  

Answer : Mr. Walker's friend/partner, Audrey Laferriere, was not contacted as there are concerns about her ability to manage Mr. Walker's financial affairs. 

(1) I was his wife (2) what financial concerns (3) who provided the collateral information (collateral means unproven gossip).  We were asking for 24/7 access to Randy and VCHA denied us access although he was dying and compounded the refusal by banning me from all VCHA properties for life.   

This is how badly the PGT did its investigation, it did not know if I was married to Randy or not. The PGT did not ask me.  Something so basic it could not even get that right.  The only thing they did is take collateral evidence from others as truths. Complaints that were registered with the PGT.  Where did these false truth come from.  What is the motivation of the person(s) who is telling the collateral truth. 

The PGT never attempted to contact Randy's parents. Randy was dying and his parents had the right to know.   The intent was to take control of Randy without any complications.

And I have reason to suspect that the person who provided the collateral information to the PGT was Randy's lawyer who else would bring it up and he de facto garnisheed Randy's money and I did not know it.  He was hired to end the restrictions to visitation that VCHA arbitrarily put on us in 2011.    He never paid attention to Randy or me before Randy had money. He never tried to have the restrictions waived.  He won't give me money from the taxi-TV fund to pay for a companion for a few hours a day when I could not access Randy. I asked him to find a volunteer as he has connections to sit with Randy.  Why the sudden interest three days after the settlement June 2013.  A settlement that I was not fully aware of until after Randy died.  The only thing I knew was that his state-appointed physician and this lawyer made an arrangement that Randy would never leave George Pearson Centre.  And it was obvious to me that the strict restrictions then to accessing Randy would remain or get worse.  After this lawyer was paid $200,000 in fees I had to continue being humiliated by VCHA with the tacit approval of this lawyer, an officer of the court, who was acting in Randy's best interest!  The only best interest this lawyer had was his own.  There were no pre-trial motions or a trial or even an expert witness report for such a fee.  After Randy died I wanted Randy's file and he refused to give it to me.   He never considered what Randy wanted. He never told me what his fee was or that he was even paid.  He told us that there was only enough money for us to take a cab when we wanted to go off site and to buy Randy a flat screen television. He had unlawful conduct of the money.  This goes to show how little this lawyer knew about Randy.  Randy hated cabs.  He would not use one.  Randy already had a 32" flat screen TV that I purchased for him and which I still owed money for on my credit card. At the fatal, without my knowledge confidential assessment 14 March 2014, this lawyer rather than me was there. The same day I filed a Petition in the Supreme Court to visit Randy, the PGT started to fast-tracked the Certificate of Incapability process. The PGT became Committee on April 4 2014 and Randy became a non-person putting an end to our court case to visit, to see each other. Now it was the PGT who controlled everything.  After Randy died I could not get a Steeler's hat from the PGT so I could bury the hat with him.  Randy was a Steeler's fan and wore a Steeler's hat every day, even while sleeping.  The lawyer and the PGT wanted Randy to be cremated. Randy never wanted to be cremated.  Even that wish I  had to fight for.  I could see Randy refusing to answer any questions during the confidential assessment as he hated his lawyer as he betrayed us. And he was not happy with the social worker either.   This lawyer lied and said he was never our lawyer, he was only Randy's lawyer.  And if you asked Randy what he thought of his state-appointed physician, he would show you the bird. And when I told this state-appointed physician about this gesture and that Randy wanted another physician, he said "too bad." When you are dealing with VCHA, the only choice is that you agree with it. 

Randy was a near quad and he could not easily communicate.  He died when he was 57.  I do not understand what he died from.  I was told by VGH that it was multiple organ failure.  But his organs were remarkable.  Remarkable is doctor talk meaning in excellent condition.

He married me because he preferred older women. And I married him because he was the only man that ever truly loved me.  He haunts me every day.

Why did VCHA prevent me from seeing Randy during the last few months of his life... They imprisoned him by saying he was incompetent/too sick. VCHA made the decision who could see him and who could not. And when I sent friends to see him so they would tell him that I was trying to see him, I was told that such covert activity was not allowed. And the visitors were banned.