Committeeship Application Court Costs in British Columbia Explained

Families weighing a committeeship application usually want to know what the court process costs before they begin. The answer has several parts: court fees, a review by the Public Guardian and Trustee, medical evidence and, later, ongoing reporting costs.

This article covers those costs and how the adult's estate may be involved. Fees can change, so confirm current amounts with the court registry and the Public Guardian and Trustee before you rely on any figure here. Lawyer fees are not covered.

This article covers the law of British Columbia.

Court fees at a glance

The Supreme Court of British Columbia filing fee for a petition is $200. There is no hearing fee for days 1 to 3, and after that the fee is $500 per day for days 4 to 10 and $800 per day over 10. Most uncontested applications are not expected to run that long, but a dispute can lengthen a hearing.

Medical evidence and documents

The court must be satisfied on the affidavits of 2 medical practitioners before it declares a person incapable. A private application must include a petition, those two affidavits and an affidavit of kindred and fortune for each applicant, covering the adult's family, assets, income, expenses and liabilities.

What doctors charge for reports varies by provider, so ask the doctor's office before you book. The same is true of bond premiums, which vary by insurer. If the adult's capacity is in dispute, the court may direct an issue to be tried or order an examination by other medical practitioners, which can add cost and time.

Notice must be served personally on the adult not less than 10 days before the hearing, and written notice must go to the Public Guardian and Trustee and any existing committee at least 10 days before the hearing.

The Public Guardian and Trustee's role and fees

The Public Guardian and Trustee reviews each private committee application. It considers whether the adult signed a nomination of committee, whether the medical evidence and affidavit of kindred and fortune are sufficient, the choice and qualification of the proposed committee, whether both a committee of person and of estate are needed, and security such as bonding. It then files a Response to Petition with the court.

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

Who pays, and ongoing costs after appointment

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. Whether a particular cost can be recovered from the adult's estate depends on the facts and the court's view, so confirm this with a lawyer before you pay out of your own pocket.

• A private committee's first accounts are due to the Public Guardian and Trustee one year after the court order.
• Full accountings are typically every 2 to 3 years and limited accountings typically every 5 years, and a full accounting may carry a review fee depending on the value of the assets.
• A private committee may take a fee only if it is requested with the accounts and the accounts pass, and committees on limited accounting do not qualify.
• The court may require a committee to give security, and a committee other than the Public Guardian and Trustee must pass its accounts before the Public Guardian and Trustee.

What to do next

• Confirm that no less intrusive option, such as an existing representation agreement or a certificate of incapability, will work.
• Ask the court registry and the Public Guardian and Trustee for current fee amounts.
• Ask two doctors about the cost and timing of their reports.
• Ask an insurer about a bond if the court may require security.
• Keep receipts for every cost, since you may later need to show them when accounts are passed.

The Public Guardian and Trustee says a committee is needed only as a last resort, after other options have been explored. A lawyer can help you weigh the likely costs against those other options.

Frequently asked questions