Legal Question in Family Law in Canada
Four years ago, my father-in law had a massive stroke (frontal and parietal lobes on both sides), that left him physically unable to move, and more particularly, unable and unwilling to communicate. However, he has shared assets with his retired wife, who is unable to access his RRSP's, and unable to sell the family home in order to down size, and live mortgage free.
It has been suggested that if she does sell the family home, the government will take half of the proceeds to cover the cost of his care, which would leave her with insufficient funds to by a small appartment outright for her remaining years.
1 Answer from Attorneys
As noted on the LawGuru website, all questions will be answered with reference to British Columbia. Answers given are necessarily generic because not enough about the specific situation is provided and LawGuru is not intended to give more than a general answer that may not be correct in any specific situation.
It is very unlikely that the Government will take half the assets to cover the cost of care, as normally the cost of care is based on income. However it appears that she should apply for a Committeeship of your father-in-law. This is a process that, while you can handle it, can be difficult. It is governed by the Patients' Property Act of British Columbia. We strongly suggest that you consult a lawyer. There are many and the lawyer you consult need not be in the same city where you or the other people live. Many lawyers provide an initial consultation at no cost or for a minimal fee, as does our firm.
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