What Duties and Limits Does a Committee Have in British Columbia?

Being appointed committee of an adult who has been declared incapable carries real responsibility. You are managing another person's affairs under court supervision, and the Public Guardian and Trustee oversees how you do it.

This article sets out the main duties and limits of a committee under the Patients Property Act in British Columbia. Your own order and circumstances matter, so use it as a starting point and confirm details with a lawyer.

This article covers the law of British Columbia.

Who a committee is

The court may appoint any person as committee of a patient. While no other committee is appointed, the Public Guardian and Trustee is the committee of the patient. A committee of person, for personal and health care matters, can only be appointed by court order.

The core duty: acting for the adult

A committee 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, it must also foster the patient's independence and involvement in decisions.

• Keep the adult informed and involved in decisions where that is reasonable.
• Weigh the size of the estate and the needs of the adult and family before spending.
• Use any security the court requires, such as a bond, for the proper performance of your duties.
• Keep clear records from the start, since you will need them for your accounts.

If the adult has a power of attorney or a representation agreement, those documents are affected once the person becomes a patient. Powers of attorney and the property-related provisions of a representation agreement are suspended. If the Public Guardian and Trustee decides to manage the property, the power of attorney is terminated and those provisions are cancelled. If it decides not to, its authority as committee ends and the suspension is lifted.

Accounting and record-keeping

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.

For a private committee, first accounts are due to the Public Guardian and Trustee one year after the court order. Full accountings are typically every 2-3 years and limited accountings typically every 5 years. A full accounting may carry a review fee depending on the value of the assets, and failing to report can lead to removal of the committee.

Payment, major transactions and oversight

A committee may be allowed reasonable compensation from the patient's estate and has a first lien on the estate for its costs and advances. A private committee may take a fee only if it is requested with the accounts and the accounts pass. The fee is based on 5% of the income generated by the estate plus a set fee for asset management, and committees on limited accounting do not qualify.

Whether a particular major transaction, such as selling a home, needs court approval or the Public Guardian and Trustee's involvement depends on the facts and on the terms of your court order. Ask a lawyer before you sell, mortgage or transfer significant property.

The Public Guardian and Trustee may investigate and audit the affairs, dealings and accounts of a representative, guardian or attorney who has failed to comply with their duties, and may require accounts and records to be produced.

Ending a committeeship and next steps

The court may rescind a committee's appointment. A committee who is discharged ceases to be committee and must transfer the estate. On a discharge or rescission application, the court must order the committee to pass its accounts if the Public Guardian and Trustee requests it. A patient declared incapable by a judge may apply for a re-assessment of the declaration at any time after one year from the order, or sooner with leave of the court.

• Read your court order carefully and note any security requirements.
• Keep the adult's money and records organized and separate from your own.
• Diarize your first accounts date.
• Ask a lawyer before any major transaction.

Frequently asked questions