How to Apply for Committeeship of an Adult in British Columbia

A family member can no longer make decisions about money or property, and there is no power of attorney in place. Banks and other institutions may refuse to deal with you, and you are wondering whether a court order is the way forward.

This article walks through how committeeship works in British Columbia under the Patients Property Act: when it applies, the steps and evidence, and what the Public Guardian and Trustee does. The law in this area has been changing in stages, so a lawyer should confirm which provisions are currently in force before you file anything.

This article covers the law of British Columbia.

What committeeship is and when it comes up

A committee is a person the court appoints as a guardian for an adult who is not able to make their own decisions. If a person has named no one to act and becomes incapable, the BC Supreme Court may appoint a committee to make decisions for them. This article focuses on the property side, where the appointed person is called a committee of estate.

Committeeship is usually a last resort. If the adult made an enduring power of attorney before becoming incapable, the attorney's authority continues when the adult becomes incapable. However, if a court later declares the person a patient, every power of attorney they gave is terminated. An enduring power of attorney covers financial affairs, while personal care and health care decisions are made through representation agreements and advance directives. Check whether your family member signed any of these before you start a court application.

The court process step by step

The Patients Property Act sets out the core requirements. The court may declare a person incapable after reading affidavits from 2 medical practitioners, and may appoint any person as committee. Notice of the application must be served on the Public Guardian and Trustee at least 10 days beforehand.

Other details, such as the exact court forms, who else must be told, and how long a hearing takes, depend on the circumstances and the current rules of court. A lawyer can set these out for your case.

The evidence you will need

The central evidence is medical: affidavits from 2 medical practitioners. Ask the adult's doctors early whether they are willing to provide them. What the court needs from those affidavits in your case depends on the facts, so it is worth confirming with a lawyer.

Beyond that, the court may appoint any person as committee, so it helps to have clear details of the person you propose. It helps to have the following ready:

• Full name, date of birth and current address of the adult.
• Names and contact details of close family members.
• A list of the adult's income, property, bank accounts and debts, as far as you can find out.
• Confirmation of whether any power of attorney, representation agreement or will exists.
• Details of the person you propose as committee, including how they are related to the adult.

The role of the Public Guardian and Trustee

The Public Guardian and Trustee receives notice of the application, which is why service on it is required. After an appointment, committees other than the Public Guardian and Trustee must pass their accounts before the Public Guardian and Trustee. Plan to keep careful records of income, spending and property from the first day.

There is also a route that does not involve a court application. A health authority designate may issue a certificate of incapability, and the Public Guardian and Trustee then becomes the adult's statutory property guardian from the date the certificate is signed. Whether that route fits your situation depends on the facts and is worth discussing with a lawyer.

After the order, and what to do next

A committee of estate has all the rights and powers over the estate that the patient would have if fully capable. Committees other than the Public Guardian and Trustee must also pass their accounts before the Public Guardian and Trustee. How a committee's wider responsibilities apply depends on your situation, so it is worth confirming with a lawyer.

An existing power of attorney is affected. When a court declares a person a patient, every power of attorney they gave is terminated. If the Public Guardian and Trustee becomes guardian by the statutory or certificate route instead, the enduring power of attorney is suspended, and the Public Guardian and Trustee decides whether to terminate it.

• Search for any enduring power of attorney, representation agreement or advance directive.
• Talk to the adult's doctors about the two medical affidavits.
• Gather information about the adult's property and family.
• Ask a lawyer which provisions of the Patients Property Act and the Adult Guardianship Act are currently in force.
• Decide who is willing and suitable to act as committee.
• Arrange for notice to reach the Public Guardian and Trustee at least 10 days before the application.

Frequently asked questions