Can a Committee Be Removed or Replaced in British Columbia?

If a relative has been declared incapable and a committee manages their affairs, you may begin to worry about how that role is being carried out. Perhaps money is unaccounted for, or the adult's own wishes are being ignored.

This article explains what the Patients Property Act says about ending or replacing a committee, what duties a committee has, and where you can raise concerns. The details depend on the facts, so a lawyer should confirm the right route.

This article covers the law of British Columbia.

What a committee is supposed to do

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. As far as reasonable, it must foster the patient's independence and involvement in decisions. A committee of person, for personal and health care matters, can only be appointed by a court order.

A committee other than the Public Guardian and Trustee must pass its accounts before the Public Guardian and Trustee and must give notice of newly discovered property valued at $25,000 or more.

How the court can end or change an appointment

The court may rescind a committee's appointment. A committee who is discharged ceases to be committee and must transfer the estate. On a discharge or rescission application, the court must order the committee to pass its accounts if the Public Guardian and Trustee requests it.

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. 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. This can matter when you are asking who should replace a committee.

A committee's duties, such as acting for the patient's benefit and fostering the patient's independence, are a useful starting point when you compare what is happening with what is expected. Whether the evidence is enough for the court to act depends on the facts, so get legal advice before filing anything.

Accounts as an early warning

A private committee's 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, and failing to report can lead to removal of the committee. If you are a family member, the accounts process is one reason to raise concerns promptly.

Where to raise concerns

• Public Guardian and Trustee: concerns about an adult's financial and legal affairs are reported through its online form. Assessments and Investigations can be reached at 1-877-511-4111, though numbers and forms change, so check before you call.
• Urgent situations: the Public Guardian and Trustee may tell a financial institution not to allow withdrawals from an adult's account for up to 30 days, and no more than 120 days in total.
• Abuse or neglect: anyone with information that an adult is abused or neglected may report it to a designated agency, which must determine whether the adult needs support.
• The court: the court may rescind a committee's appointment, and on a discharge or rescission application it must order the committee to pass its accounts if the Public Guardian and Trustee requests it.

When the adult's situation changes, and next steps

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. A person or their committee who has stopped being a patient may apply for the committee's discharge on 10 days' written notice to the Public Guardian and Trustee.

• Write down specific concerns with dates, amounts and examples.
• Collect documents such as the court order, any nomination of committee and bank statements you are lawfully entitled to see.
• Consider reporting to the Public Guardian and Trustee.
• Talk to a lawyer about whether to apply to rescind or replace the committee, and who should be proposed instead.

Frequently asked questions