Does the Public Guardian and Trustee have to be involved when a committee is appointed in BC?
This answer covers the law of British Columbia.
Yes. Written notice of an application to appoint a committee must be served on the Public Guardian and Trustee, and on any existing committee, at least 10 days before the hearing. The Public Guardian and Trustee then reviews the application and files a Response to Petition with the court.
The review looks at things like the medical evidence, the affidavit of kindred and fortune, the proposed committee's qualifications, security such as bonding, and legal fees and costs. The Public Guardian and Trustee charges $525.00 ($500.00 plus 5% GST) to review a private committee application. Separately, the Supreme Court of British Columbia filing fee for a petition is $200.
The Public Guardian and Trustee is also the committee of the patient while no other committee is appointed. If the patient made a written nomination of committee while of full age and sound mind, the court must appoint the nominee unless there is good and sufficient reason to refuse. A private committee must then pass its accounts before the Public Guardian and Trustee. Committeeship is a last resort, so other options are worth exploring first.
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 reviews the application and files a Response to Petition with the court.
- While no other committee is appointed, the Public Guardian and Trustee is the committee of the patient.
- If the patient made a valid written nomination of committee, the court must appoint the nominee unless there is good and sufficient reason to refuse.