Public Guardian and Trustee Role in Committeeship in British Columbia

If an adult can no longer manage their affairs, a family member may apply to the court to become their committee. The Public Guardian and Trustee, often called the PGT, is involved at several points: before the hearing, as a possible committee, and afterwards as the body that reviews accounts.

This article walks through those roles under the Patients Property Act and related laws. It does not replace advice on your own case.

This article covers the law of British Columbia.

Notice and review before the hearing

Written notice of an application to appoint a committee must be served on the Public Guardian and Trustee and on any existing committee at least 10 days before the hearing. The adult must also be served personally not less than 10 days before the hearing, unless the court is satisfied that service would harm the adult's health or would otherwise be inadvisable.

A private application must include a petition to the court, affidavits from two medical practitioners, and an affidavit of kindred and fortune for each applicant covering the adult's family, assets, income, expenses and liabilities.

The PGT then reviews the application. It considers the following, and then files a Response to Petition with the court:

• whether the adult signed a nomination of committee;
• whether the medical evidence and the affidavit of kindred and fortune are sufficient;
• the choice and qualification of the proposed committee;
• whether both a committee of person and a committee of estate are needed;
• security such as bonding, and legal fees and costs.

The PGT charges $525.00 ($500.00 plus 5% GST) to review a private committee application. The Supreme Court of British Columbia filing fee for a petition is $200. Fees can change, so confirm current amounts before you file.

When the PGT acts as committee

The court may appoint any person as committee of a patient. While no other committee is appointed, the Public Guardian and Trustee is the committee of the patient. In practice, the PGT acts as committee when no family or friends are willing or able, and it treats a committee as a last resort after other options have been explored.

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. The PGT's fees as committee are based on the client's assets and income and are set by the Public Guardian and Trustee Fees Regulation.

Supervising a private committee's accounts

A committee other than the PGT must pass its accounts before the PGT and must give notice of newly discovered property valued at $25,000 or more. A private committee's first accounts are due 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 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. Failing to report can lead to removal of the committee.

Other PGT powers you may meet

The PGT may investigate and audit a representative, guardian or attorney who has failed to comply with their duties, and may apply to court if they refuse to produce accounts and records. In urgent cases, it may tell a financial institution not to allow withdrawals from an adult's account for up to 30 days, and for no more than 120 days in total.

There is also a route without a court. A health authority designate may issue a certificate of incapability after a qualified health care provider's assessment, and the PGT then becomes the adult's statutory property guardian. A certificate makes the PGT committee of estate only, and a committee of person can only be appointed by court order. This route does not apply if a committee under the Patients Property Act already manages the adult's affairs.

When a person becomes a patient, their powers of attorney and the property-related provisions of their representation agreement are suspended. If the PGT 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.

What to do next

• Ask whether committeeship is truly necessary, since the PGT describes it as a last resort.
• Check whether the adult signed a nomination of committee.
• Plan for service on the PGT and the adult at least 10 days before the hearing.
• Keep clear records from day one, since accounts are due one year after the order.
• Speak with a lawyer about your documents and your role before you file.

Frequently asked questions