A BC Supreme Court judge has removed a Vancouver Island man’s authority to make health and care decisions for his wife after finding she faced a serious risk of harm.
In a decision released December 17th, the court granted a petition from Vancouver Island Health Authority to strip the woman’s husband, identified in court records as T.W., of his role as her personal representative.
The woman, identified as E.W., is 77-years-old, lives with advanced Alzheimer’s disease, and resides in a long term care facility on Vancouver Island.
Justice Bradford Smith ruled that T.W. failed to meet his legal duties and could not be trusted to act in his wife’s best interests.
The decision follows years of concern raised by Island Health about what the court described as a “death plan,” in which the husband repeatedly said he intended to end his wife’s life if medical assistance in dying was not available.
Court records show E.W. never supported that plan and, while she was still capable, expressed that she was not ready to die and wanted to be safe and cared for as her illness progressed.
“The only currently tenable solution that will protect E.W. from risk of death or grievous harm is to remove T.W.’s authority as her personal representative,” Justice Smith wrote.
The judge found that T.W.’s conduct went beyond statements alone.
The ruling points to repeated obstruction of care plans, behaviour that caused emotional distress during visits, interference with family relationships, and the public sharing of E.W.’s private medical and personal information.
Evidence before the court showed E.W. lacks the capacity to make her own health decisions and requires 24 hour care in a secure environment. The judge found there is no reasonable prospect that she will regain decision making capacity.
As part of the ruling, the court changed a 2020 representation agreement. E.W.’s daughter, identified as S.T., was appointed as her new personal representative. Her granddaughter, J.T., was named as an alternate representative if the daughter is unable to act.
The court also declared that T.W. is no longer qualified to act as a temporary substitute decision maker or to give substitute consent for health care or care facility admission under provincial law.
Justice Smith noted that without court intervention, E.W. would have been exposed to an unacceptable risk once earlier protective orders expired.
Island Health was awarded costs after being fully successful in the case.
