How to Apply to Be Committee for a Parent in British Columbia

When a parent can no longer manage money or make personal decisions, and nothing was signed ahead of time, families sometimes find themselves considering a court application to become the parent's committee. It is a formal process with set documents, medical evidence and notice rules.

This article walks through the usual steps in British Columbia so you know what to expect. Every family's facts differ, so use it as a map and confirm the details with a lawyer before you file.

This article covers the law of British Columbia.

Check whether a committee is really needed

The Public Guardian and Trustee says a committee is needed only as a last resort, after other options have been explored. It also calls committeeship the most intrusive option for dealing with an adult's financial affairs.

Before applying, find out whether your parent already signed an enduring power of attorney, which deals only with legal and financial affairs, or a representation agreement for personal and health care. If a health authority designate issues a certificate of incapability, the Public Guardian and Trustee becomes the adult's statutory property guardian, but that certificate does not apply if a committee already manages the adult's affairs.

A certificate of incapability makes the Public Guardian and Trustee committee of estate only. A committee of person, for personal and health care matters, can be appointed only by court order.

Gather the documents the court expects

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. The court must declare a person incapable of managing their affairs, themselves, or both if it is satisfied on the affidavits of two medical practitioners after hearing the application.

• Petition to the Supreme Court of British Columbia
• Affidavits from two medical practitioners
• An affidavit of kindred and fortune for each applicant, covering your parent's family, assets, income, expenses and liabilities
• Any written nomination of committee your parent signed, because the Public Guardian and Trustee considers whether the adult signed one
• A list of your parent's assets and debts to help prepare the affidavit

Give notice to the right people

Notice of the application must be served personally on your parent not less than 10 days before the hearing. The court may dispense with service on the adult only if it is satisfied that service would harm the adult's health or would otherwise be inadvisable.

Written notice must also be served on the Public Guardian and Trustee, and on any existing committee, at least 10 days before the hearing. The Public Guardian and Trustee reviews the application and files a Response to Petition with the court.

What the court and the Public Guardian and Trustee look at

In its review, the Public Guardian and Trustee considers whether the adult signed a nomination of committee, whether the medical evidence and affidavit of kindred and fortune are sufficient, and whether you are a suitable choice. It also asks whether both a committee of person and a committee of estate are needed, whether security such as bonding is appropriate, and the legal fees and costs.

The court may appoint any person as committee. While no other committee is appointed, the Public Guardian and Trustee is the committee. If your parent 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.

If incapacity is disputed, the court may direct an issue to be tried, or order an examination by other medical practitioners or by a board of three or more designated by the College of Physicians and Surgeons.

What to do next

• Confirm whether a power of attorney, representation agreement or nomination of committee already exists.
• Ask your parent's doctors whether they are willing to provide medical affidavits.
• Talk with siblings and other close relatives early, since disputes slow things down.
• Ask a lawyer whether a committee of estate, of person, or both is needed.
• Ask about security, accounting duties and ongoing responsibilities before you commit.

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. A lawyer can confirm the current forms and steps for your situation.

Frequently asked questions