Committee of Person vs Committee of Estate in BC: What Differs

When an adult can no longer manage on their own, families often hear that they need to become the person's committee. The word can mean two different jobs: looking after the adult's property, or looking after the adult's personal and health care.

This article explains the difference, how each is put in place, and which laws are involved. It is general information, and a lawyer can confirm how it applies to your family.

This article covers the law of British Columbia.

The two roles in plain words

A committee of estate manages money and property. A committee of person makes decisions about personal and health care. The Public Guardian and Trustee explains that a committee of person can only be appointed by court order. When applications are reviewed, the Public Guardian and Trustee considers whether both a committee of person and a committee of estate are needed.

Which law applies today

The court route is the Patients Property Act. The court must declare a person incapable of managing their affairs, themselves, or both if it is satisfied on the affidavits of 2 medical practitioners. The court may appoint any person as committee of a patient, and while no other committee is appointed, the Public Guardian and Trustee is the committee.

The Adult Guardianship Act is also part of the picture. Under Part 2.1, a health authority designate may 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 covers property only. The Act's Part 2 on court-appointed guardianship is not in force, so committeeship under the Patients Property Act remains the court route. A lawyer can confirm the current position before you apply.

A certificate of incapability does not apply if a committee under the Patients Property Act already manages the adult's affairs.

How a family applies

A private committeeship application must include a petition to the court, affidavits from two medical practitioners, and an affidavit of kindred and fortune for each applicant covering the adult's family, assets, income, expenses and liabilities. Notice must be served personally on the adult not less than 10 days before the hearing, and the court may dispense with that only if service would harm the adult's health or would otherwise be inadvisable. Written notice must also go to the Public Guardian and Trustee and any existing committee at least 10 days before the hearing.

The Public Guardian and Trustee reviews the application, looking at items such as any nomination of committee, the medical evidence, the proposed committee's suitability, security such as bonding, and legal fees and costs, then files a Response to Petition. Its published review fee is $525.00, which is $500.00 plus 5% GST, though fees can change. The Supreme Court petition filing fee is $200.

If the adult made a written nomination of committee while of full age and sound mind, executed like a will, the court must appoint the nominee unless there is good and sufficient reason to refuse.

Duties differ in focus, not in seriousness

• 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.
• The court may require security, and a private committee must pass its accounts before the Public Guardian and Trustee.
• First accounts are due one year after the court order, and failing to report can lead to removal.
• A committee may be allowed reasonable compensation from the estate.

Committeeship is described by the Public Guardian and Trustee as the most intrusive option for financial affairs and a last resort after other options have been explored. The adult's own wishes still matter. Under the Adult Guardianship Act's guiding principles, every adult is presumed capable of making decisions about personal care.

What to do next

• Decide which kind of authority is actually needed: money and property, personal and health care, or both.
• Check whether the adult already signed an enduring power of attorney, a representation agreement or a nomination of committee.
• Ask the adult's doctors whether they are willing to provide the medical affidavits.
• List the adult's family, assets, income, expenses and liabilities for the affidavit of kindred and fortune.
• Speak with a lawyer before filing, and confirm current Public Guardian and Trustee fees on its website.

Frequently asked questions