What Is Adult Guardianship and How Does It Differ From Committeeship in British Columbia?
This answer covers the law of British Columbia.
Committeeship is not being replaced: under the Patients Property Act, the court declares a person incapable on the affidavits of 2 medical practitioners, and the court may appoint any person as committee. The Adult Guardianship Act sits alongside it.
Part 2.1 of the Adult Guardianship Act lets a health authority designate issue a certificate of incapability after a qualified health care provider's assessment, and the Public Guardian and Trustee then becomes the adult's statutory property guardian. That route covers the estate only, while a committee of person for personal and health care can only be appointed by court order. It does not apply if a committee already manages the adult's affairs. Part 3 offers support and assistance for adults who are abused or neglected, and anyone with information may report to a designated agency.
The Public Guardian and Trustee calls committeeship the most intrusive option for financial affairs and says a committee is needed only as a last resort, after other options have been explored. A lawyer can help you compare these routes.
Key takeaways
- A committee of person, for personal and health care matters, can only be appointed by court order.
- A certificate of incapability under Part 2.1 of the Adult Guardianship Act makes the Public Guardian and Trustee the adult's statutory property guardian, which covers the estate only.
- Part 3 of the Adult Guardianship Act offers support and assistance for adults who are abused or neglected, and anyone with information may report it to a designated agency.
- The Public Guardian and Trustee calls committeeship the most intrusive option for financial affairs and says it is needed only as a last resort.