How Much Does a Committeeship Application Cost in British Columbia?

When an adult can no longer manage their affairs and has no power of attorney or representation agreement in place, families sometimes consider asking the court to appoint a committee under the Patients Property Act. It is a formal process with several separate costs.

This article walks through the costs that can be identified, which ones vary, and what to ask before you start. Fees change, so confirm current amounts before you proceed.

This article covers the law of British Columbia.

Why cost is only part of the picture

The Public Guardian and Trustee calls committeeship the most intrusive option for dealing with an adult's financial affairs. It says a committee is needed only as a last resort, after other options have been explored. Before budgeting for a petition, it is worth asking whether an existing power of attorney or representation agreement, or another arrangement, could do the job.

A different route exists for property only. 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 route does not apply if a committee under the Patients Property Act already manages the adult's affairs. A certificate makes the Public Guardian and Trustee committee of estate only, while a committee of person, for personal and health care matters, can only be appointed by court order.

What a private application must include

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. The court must declare a person incapable if it is satisfied on the affidavits of 2 medical practitioners. How much these items cost in your situation depends on the people and providers involved, so it is worth confirming with a lawyer.

Who is appointed is also part of the application. 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. If the patient 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.

The costs you can put a number on

The review fee comes from Public Guardian and Trustee materials and can change, so check its current amount. If incapacity is disputed, the court may direct an issue to be tried or order further examinations, which can add time and expense. Whether any fee exemption applies to a committeeship petition is worth confirming with the court registry or a lawyer when you file.

Costs that vary

• Medical affidavits: two medical practitioners must provide them. What they charge varies by provider, so ask each one in advance.
• Security or bond: the court may require a committee to give security for the proper performance of its duties. The Public Guardian and Trustee considers security such as bonding when it reviews an application. Premiums vary by insurer.
• Legal fees and costs: the Public Guardian and Trustee also considers these in its review. They depend on how complex and contested the matter is.
• Serving documents: notice must be personally served on the adult at least 10 days before the hearing, unless the court dispenses with service because it would harm the adult's health or be inadvisable. The Public Guardian and Trustee and any existing committee must also receive written notice at least 10 days before the hearing.

Costs after appointment, and what to do next

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's first accounts are due to the Public Guardian and Trustee one year after the order, with full accountings typically every 2 to 3 years and limited accountings typically every 5 years. A full accounting may carry a review fee depending on asset value. A private committee may take a fee only if it is requested with the accounts and they pass.

If no family or friends are willing or able, the Public Guardian and Trustee acts as committee, with fees based on the client's assets and income and set by the Public Guardian and Trustee Fees Regulation.

The arrangement can also end. The court may rescind a committee's appointment, and on a discharge or rescission application the court must order the committee to pass its accounts if the Public Guardian and Trustee requests it. While appointed, 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.

• Confirm whether a power of attorney or representation agreement already exists.
• Ask two medical practitioners about their availability and charges.
• Check current Supreme Court and Public Guardian and Trustee fees.
• Get a bonding quote if security may be required.
• Ask a lawyer for an estimate covering the whole process.

Frequently asked questions