The Patients Property Act in British Columbia Explained

If someone you love can no longer manage their money, there is more than one possible legal route. One is a court-appointed committee under the Patients Property Act. Another is a certificate of incapability under Part 2.1 of the Adult Guardianship Act, which makes the Public Guardian and Trustee the adult's statutory property guardian, but that certificate does not apply if a committee already manages the adult's affairs. The word patient can be confusing, because it has a specific legal meaning that is not limited to people in hospital.

This article explains in plain terms what the Act does, who it applies to, and how it creates committees in British Columbia. It is general information, not advice on your situation.

This article covers the law of British Columbia.

Who counts as a patient

Under the Act, a patient includes a person declared incapable by a judge, a person with a statutory property guardian under Part 2.1 of the Adult Guardianship Act, and a person under a certificate signed by the director of a Provincial mental health facility or psychiatric unit.

A committee is the person or body the court appoints to manage the affairs of a patient. A declaration of incapability is a serious step, so it rests on evidence: the court acts on the affidavits of 2 medical practitioners.

How the court declares someone incapable

After hearing the application, the court must declare a person incapable of managing their affairs, themselves, or both if it is satisfied on the affidavits of 2 medical practitioners.

If the person disputes it, the court may direct an issue to be tried on whether they are incapable. It may also order an examination by other medical practitioners, or by a board of 3 or more designated by the College of Physicians and Surgeons. Notice of the application must be served personally on the person not less than 10 days before the hearing, unless the court is satisfied that service would harm their health or would otherwise be inadvisable.

Who can be appointed committee

The court may appoint any person as committee. While no other committee is appointed, the Public Guardian and Trustee is the committee of the patient. The Public Guardian and Trustee acts as committee when no family or friends are willing or able.

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. A committee of person, for personal and health care matters, can be appointed only by court order.

Duties, oversight and effects on other documents

• 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, and foster the patient's independence as far as reasonable.
• 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.
• 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 one year after the court order, and failing to report can lead to removal.

When a person becomes a patient, their powers of attorney and the property-related provisions of their representation agreement are suspended. If the Public Guardian and Trustee decides to manage the property, the power of attorney is terminated and those provisions are cancelled. If it decides not to, its authority as committee ends and the suspension is lifted.

How a committeeship can end, and what to do next

The court may rescind a committee's appointment. A committee who is discharged ceases to be committee and must transfer the estate, and the court must order the committee to pass its accounts if the Public Guardian and Trustee requests it. A patient declared incapable by a judge may apply for a re-assessment at any time after one year from the order, or sooner with leave of the court.

Part 2 of the Adult Guardianship Act, which deals with court-appointed guardianship, is not in force, so committeeship under this Act remains the court route.

• Find out whether a power of attorney or representation agreement already exists.
• Ask whether a certificate of incapability has been issued or a committee already appointed.
• Collect medical information and a list of the person's assets.
• Speak with a lawyer about whether a court application is the right step.

Frequently asked questions