Litigation Guardians in BC

Litigation Guardians in BC

General Law
Mark Norton
Mark Norton

In the realms of litigation and family law across Victoria, Nanaimo, and Mill Bay, British Columbia, understanding the role of a litigation guardian is crucial. This figure steps in to represent those who, due to age or mental capacity, cannot represent themselves in legal proceedings.

Who is a Litigation Guardian?A litigation guardian is appointed to represent and safeguard the interests of minors (under 19 in British Columbia) or mentally incapacitated individuals involved in legal actions. While family members like parents, grandparents, or siblings often assume this role, there are situations where they might be deemed unsuitable. For instance, if a family member's interests are intertwined with the case's outcome, they might be seen as biased, making them ineligible.

When Does the Public Guardian and Trustee (PG&T) Step In?The PG&T, established under the Public Guardian and Trustee Act of British Columbia, plays a pivotal role in protecting those who cannot legally protect themselves. Their mandate encompasses:

  • Safeguarding minors under 19.
  • Representing adults needing decision-making assistance across legal, financial, personal, and healthcare domains.
  • Managing estates of the deceased or missing.

The PG&T might assume the litigation guardian role when:

  • No neutral party is available.
  • The individual has a viable, realistic claim.
  • An external counsel is ready to represent the case.
  • There's no conflict of interest for the PG&T.

However, a critical factor for the PG&T's involvement is the availability of funds for external representation. This could mean the individual has personal funds, representation on a contingency basis, or other funding methods. For a deeper dive into funding intricacies, stay tuned for our upcoming blogs.

Reaching Out to the PG&TIf you believe the PG&T's involvement is necessary, it's advisable to contact them early in the litigation process to understand their stance clearly.

Why is a Litigation Guardian Essential?Courts in Victoria, Nanaimo, and Mill Bay prioritize the proper representation of those without legal capacity. The PG&T stands ready to ensure their rights and interests are championed, but only when specific criteria are met. For comprehensive details on the PG&T, visit their official site: PG&T Website.

At Infinity Law, we're dedicated to guiding you through these complexities, ensuring that every individual in Victoria, Nanaimo, and Mill Bay gets the representation they deserve. Reach out to us for expert advice in litigation and family law.

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