What does the Public Guardian and Trustee do in a BC committeeship?
This answer covers the law of British Columbia.
The Public Guardian and Trustee (PGT) is notified of a committeeship application, can act as committee when no one else is appointed, and oversees the accounts of a private committee. Written notice of an application to appoint a committee must be served on the PGT and on any existing committee at least 10 days before the hearing. The PGT reviews the application and files a Response to Petition with the court.
While no other committee is appointed, the PGT is the committee of the patient. The PGT also acts as committee when no family or friends are willing or able, and describes committeeship as a last resort after other options have been explored.
A private committee must pass its accounts before the PGT and give notice of newly discovered property valued at $25,000 or more. First accounts are due one year after the court order, and failing to report can lead to removal of the committee. The court may rescind a committee's appointment, and on a discharge application it must order the committee to pass its accounts if the PGT requests it. Details depend on your situation, so confirm them with a lawyer.
Key takeaways
- Written notice of an application to appoint a committee must be served on the Public Guardian and Trustee and any existing committee at least 10 days before the hearing.
- The Public Guardian and Trustee is the committee while no other committee is appointed, and it acts when no family or friends are willing or able.
- A private committee must pass its accounts before the Public Guardian and Trustee, and first accounts are due one year after the court order.
- In reviewing an application, the Public Guardian and Trustee looks at matters such as any nomination of committee, the medical evidence, the proposed committee's qualifications and whether security such as bonding is needed.