- Committeeship is a court-ordered arrangement under the Patients Property Act, made after the court is satisfied on the affidavits of 2 medical practitioners that the person is incapable.
- When a person becomes a patient under the Patients Property Act, their powers of attorney and the property provisions of their representation agreement are suspended, and 'patient' is not limited to people declared incapable by a judge.
- A committee has ongoing duties, including accounts to the Public Guardian and Trustee, and the arrangement can be reviewed or ended.
If someone in your family can no longer manage their money or look after their affairs, you may be told that committeeship is the next step. It is a serious legal process, and it takes away a degree of the adult's independence.
This article explains what committeeship is, when the Patients Property Act applies, who can be appointed, and what changes once a court order is made.
This article covers the law of British Columbia.
What committeeship means
Committeeship is a court process under the Patients Property Act. A judge declares a person incapable of managing their affairs, themselves, or both, and appoints a committee to act for them. The court must make that declaration if, after hearing the application, it is satisfied on the affidavits of 2 medical practitioners. The word 'patient' under the Act 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.
The Public Guardian and Trustee calls committeeship the most intrusive option for dealing with an adult's financial affairs, and says it is needed only as a last resort after other options have been explored. Part 2 of the Adult Guardianship Act on court-appointed guardianship is not in force, so committeeship remains the court route. A lawyer can confirm the current position.
Who can be appointed
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. 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 court may require a committee to give security, often called a bond, for the proper performance of its duties. Whether you need one and what it costs depends on the case and the insurer.
How the application works
- The application must include a petition, 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.
- Notice must be personally served on the adult not less than 10 days before the hearing. The court may dispense with this only if satisfied that service would harm the adult's health or would otherwise be inadvisable.
- Written notice must be served on the Public Guardian and Trustee and any existing committee at least 10 days before the hearing.
- 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 3 or more designated by the College of Physicians and Surgeons.
- The Public Guardian and Trustee reviews the materials and files a Response to Petition.
The Public Guardian and Trustee has published a $525.00 review fee ($500.00 plus 5% GST). The Supreme Court petition filing fee is $200, with no hearing fee for days 1 to 3. These amounts can change, so confirm them before you apply.
What a court order changes
However a person comes to be a patient, whether by a judge's declaration, a statutory property guardian or a mental health facility certificate, their powers of attorney and the property-related provisions of their representation agreement are suspended once they become a patient. 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.
The 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 as far as reasonable foster the patient's independence and involvement in decisions. A committee may be allowed reasonable compensation from the estate and has a first lien on it for costs and advances.
| Stage | What generally happens |
|---|---|
| First year | First accounts are due to the Public Guardian and Trustee one year after the order |
| Ongoing | Full accountings are typically every 2 to 3 years and limited accountings every 5 years |
| Fees | A private committee may take a fee only if requested with accounts that pass; committees on limited accounting do not qualify |
| Ending | The court may rescind the appointment, and a discharged committee must transfer the estate |
Review, ending 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 who has stopped being a patient, or their committee, may apply for the committee's discharge on 10 days' written notice to the Public Guardian and Trustee.
- Check whether a power of attorney, representation agreement or nomination of committee already exists.
- Ask whether a less intrusive option could work before applying.
- Talk to the adult's doctors about the medical affidavits.
- Collect information on the adult's assets, income, expenses and liabilities.
- Get legal advice on the application and your duties as committee.
Frequently asked questions
Is committeeship the same as power of attorney?
No. An enduring power of attorney deals only with legal and financial affairs. Committeeship is imposed by court order, and it suspends existing powers of attorney.
Does the adult get notice of the application?
Yes. Notice must be personally served on the adult not less than 10 days before the hearing. The court can dispense with service only if it would harm the adult's health or would otherwise be inadvisable.
Can a committee be paid?
A committee may be allowed reasonable compensation from the patient's estate. For a private committee, a fee is allowed only if it is requested with the accounts and the accounts pass, and committees on limited accounting do not qualify.
Can committeeship end?
Yes. The court may rescind a committee's appointment. A patient declared incapable by a judge can seek re-assessment after one year, or sooner with leave of the court.
Sources
- Public Guardian and Trustee of BC – Personal planning tools — trustee.bc.ca
- Patients Property Act, RSBC 1996, c. 349, s. 3(1) — bclaws.gov.bc.ca
- Public Guardian and Trustee of BC – Private committee legal submissions — trustee.bc.ca
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Appendix C, Schedule 1 — bclaws.gov.bc.ca
- Public Guardian and Trustee of BC – Submitting your accounts — trustee.bc.ca
- Public Guardian and Trustee of BC – Financial and legal decision making services — trustee.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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