Cost of a Committeeship Application in British Columbia

Families weighing a committeeship application often ask what it will cost, both up front and over the years that follow. The honest answer is that some costs are fixed by the court and the Public Guardian and Trustee, and others depend on your circumstances.

This article sets out the published fees and the other categories of expense to plan for in British Columbia. Fees change, so confirm current amounts before you file.

This article covers the law of British Columbia.

Costs at a glance

No Patients Property Act fee exemption has been confirmed, so plan on paying the standard court fees.

Court and review fees

The Supreme Court of British Columbia filing fee for a petition is $200. There is no hearing fee for days 1 to 3. After that, the fee is $500 per day for days 4 to 10 and $800 per day over 10. Most uncontested applications are short, but a dispute over incapacity can lengthen the hearing, because the court may direct an issue to be tried or order further examinations.

The Public Guardian and Trustee charges $525.00 ($500.00 plus 5% GST) to review a private committee application. That fee comes from the Public Guardian and Trustee's published information and can change, so check with the office before you file.

Medical evidence and bonding

An application must include affidavits from two medical practitioners, plus an affidavit of kindred and fortune for each applicant. Doctors set their own charges for this work, so ask each practitioner what they will bill before you book the assessments.

The court may require a committee to give security, often called a bond, for the proper performance of its duties. The Public Guardian and Trustee considers security, along with legal fees and costs, when it reviews an application. Bond premiums depend on the insurer and the circumstances, so get a quote if security is likely.

Ongoing costs after the appointment

• 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.
• A full accounting may carry a review fee depending on the value of the assets.
• 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.

If the Public Guardian and Trustee acts as committee, its fees are based on the client's assets and income and are set by the Public Guardian and Trustee Fees Regulation. Ask the office for the current rates.

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. That is worth keeping in mind when you weigh costs against the size of the estate.

Ways to keep costs in proportion, and what to do next

The Public Guardian and Trustee describes committeeship as a last resort, and the most intrusive option for financial affairs. If your family member still has capacity, a representation agreement is a way to arrange in advance how decisions will be made if they become incapable, and to avoid the need for court-appointed decision makers. An enduring power of attorney deals only with legal and financial affairs. Whether either tool fits your family's situation is worth confirming with a lawyer.

Who is appointed also affects how the process unfolds. 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. While no other committee is appointed, the Public Guardian and Trustee is the committee of the patient. If someone applies for a committee's discharge or for the appointment to be rescinded, the court must order the committee to pass its accounts if the Public Guardian and Trustee requests it.

• Confirm whether any power of attorney or representation agreement already exists.
• Ask each doctor what their medical report will cost.
• Ask the Public Guardian and Trustee to confirm its current review and accounting fees.
• Ask a lawyer whether security will likely be required.
• Keep a budget that includes the first year's accounts.

Frequently asked questions