What are the duties and reporting obligations of a committee in British Columbia?
This answer covers the law of British Columbia.
A committee in British Columbia must act for the benefit of the patient and the patient's family, considering the nature and value of the estate and their needs. As far as reasonable, a committee must also foster the patient's independence and involvement in decisions.
Reporting is a large part of the role. A private committee's first accounts are due to the Public Guardian and Trustee one year after the court order, and full accountings are typically every 2-3 years, with limited accountings typically every 5 years. A committee other than the Public Guardian and Trustee must pass its accounts before the Public Guardian and Trustee and must give notice of newly discovered property valued at $25,000 or more. Failing to report can lead to removal of the committee.
The court may also require a committee to give security, often called a bond. A committee may be allowed reasonable compensation from the patient's estate, but a private committee may take a fee only if it is requested with the accounts and the accounts pass. What applies to you depends on your court order, so it is worth confirming with a lawyer.
Key takeaways
- A committee must act for the benefit of the patient and the patient's family and, as far as reasonable, foster the patient's independence and involvement in decisions.
- A private committee's first accounts are due to the Public Guardian and Trustee one year after the court order.
- A committee other than the Public Guardian and Trustee must give notice of newly discovered property valued at $25,000 or more.
- A private committee may take a fee only if it is requested with the accounts and the accounts pass, and committees on limited accounting do not qualify.