What Is Committeeship in British Columbia and When Is It Needed?

If an adult in your family can no longer manage their money or property and left no representation agreement or power of attorney, you may hear the word "committeeship." In British Columbia it refers to a court process under the Patients Property Act.

This article explains what a committee is, when one may be needed and what the court process generally involves. Every family's situation differs, so a lawyer can confirm what applies to yours.

This article covers the law of British Columbia.

What a committee is

Under the Patients Property Act, the court must declare a person incapable of managing their affairs, themselves, or both if, after hearing the application, it is satisfied on the affidavits of 2 medical practitioners. The person declared incapable is called a patient, and the person appointed to act for them is the committee.

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

When committeeship is needed

The Public Guardian and Trustee says committeeship is the most intrusive option for dealing with an adult's financial affairs, and that a committee is needed only as a last resort, after other options have been explored. The Representation Agreement Act exists to give adults a way to arrange in advance how decisions will be made if they become incapable, and to avoid the need for court-appointed decision makers. An enduring power of attorney deals only with legal and financial affairs.

There is another route for property. A health authority designate may issue a certificate of incapability after a qualified health care provider's assessment, and the Public Guardian and Trustee then becomes the adult's statutory property guardian. That certificate makes the Public Guardian and Trustee committee of estate only. It does not apply if a committee under the Patients Property Act already manages the adult's affairs.

The court process

• Petition and evidence: a private application includes 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.
• Notice to the adult: notice must be served personally on the person who is the subject of the application not less than 10 days before the hearing. The court may dispense with this only if service would harm the adult's health or would otherwise be inadvisable.
• Notice to the Public Guardian and Trustee: written notice must be served on the Public Guardian and Trustee and any existing committee at least 10 days before the hearing.
• Review: the Public Guardian and Trustee considers the medical evidence, the proposed committee, security such as bonding, and legal fees and costs, then files a Response to Petition.

If incapacity is disputed, the court may direct an issue to be tried, or order an examination by other medical practitioners or a board of 3 or more designated by the College of Physicians and Surgeons.

Costs include a $525.00 review fee charged by the Public Guardian and Trustee ($500.00 plus 5% GST) and a $200 Supreme Court petition filing fee. These amounts can change, so confirm them before you apply.

Who is appointed and what they must do

The court may appoint any person as committee, and 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.

A committee must act for the benefit of the patient and the patient's family and, as far as reasonable, foster the patient's independence and involvement in decisions. The court may require security (a bond). A committee may be allowed reasonable compensation from the patient's estate.

Accounting, ending and next steps

A private committee's first accounts are due to the Public Guardian and Trustee one year after the court order, and failing to report can lead to removal of the committee. The court may rescind an appointment. A patient declared incapable by a judge may apply for re-assessment after one year from the order, or sooner with leave of the court.

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

• Search for any representation agreement, power of attorney or nomination of committee.
• Ask the doctor about the medical evidence needed.
• List the adult's family, assets, income, expenses and debts.
• Speak with a lawyer about whether committeeship is the right step.

Frequently asked questions