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Wednesday, June 28, 2023

Why the public guardian and trustee should publish names of those that are incapable

 How would anyone know if a person is incapable to contract (have agency) unless there is a register published by the Public Guardian and Trustee available to the public.  

Adult Guardianship Act BC

Transfer of property by incapable adult

60.2   (1)If an adult transfers an interest in the adult's property while the adult is incapable, the transfer is voidable against the adult unless

(a)the interest was transferred for full and valuable consideration, and that consideration was actually paid or secured to the adult, or

(b)at the time of the transfer, a reasonable person would not have known that the adult was incapable.

(2)In a proceeding in respect of a transfer described in subsection (1), the onus of proving a matter described in subsection (1) (b) is on the person to whom the interest was transferred.

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