Committeeship Applications in British Columbia
Helping Families Protect Loved Ones Who Are Unable to Manage Their Own Affairs
When a loved one is unable to manage their financial or personal affairs, family members are often left wondering how they can legally step in to help. This may occur because an adult has lost capacity later in life due to illness or injury, or because a young adult with a developmental or intellectual disability has reached the age of 19 without ever having had the legal capacity to appoint someone to act on their behalf.
If the individual does not have the legal capacity to make an Enduring Power of Attorney or Representation Agreement, a preferred legal solution is a committeeship.
At Entrust Law Corporation, we assist families throughout British Columbia with committeeship applications and guide them through every step of the court process.
What is a Committeeship?
A committeeship is a way to protect a vulnerable dependant adult by ensuring a legal representative is appointed to make important decisions in their best interests on their behalf. It is a court appointment that gives a trusted person or organization the legal authority to make decisions on behalf of an adult who is incapable of managing their financial and legal affairs, or personal health care decisions.
In British Columbia, committeeships are governed by the Patients Property Act. The person appointed by the Court is known as a committee.
A committeeship may be appropriate for an adult who has lost capacity later in life or for an adult who has never had the legal capacity to make these decisions independently.
Depending on the individual’s circumstances, the Court may appoint:
• The adult’s financial and legal affairs (Committee of Estate);
• The adult’s personal and health care decisions (Committee of Person); or
• Both their financial and personal affairs (Committee of Estate and Person).
The Court recognizes that an individual may be incapable of managing their financial and legal affairs while still being capable of making certain personal and healthcare decisions. For that reason, different people may be appointed as Committee of Estate and Committee of Person if appropriate.
When is a Committeeship Needed?
A committeeship may become necessary whenever an adult lacks the legal capacity to manage their financial and legal affairs, and/or personal and healthcare decisions. This can be due to:
• A child with disability turns 19 or is over the age of majority
• Dementia or Alzheimer’s disease;
• Stroke or brain injury;
• Severe intellectual disabilities;
• Profound Mental illness;
• Serious illness;
• Other conditions severely impairing ones decision making ability.
In British Columbia, parents no longer have the legal authority to make financial or many personal decisions for their child once they reach the age of 19. If the young adult lacks capacity and appropriate planning documents cannot be made, a committeeship may be necessary to enable a parent or other trusted person to act on their behalf.
Often, families discover they need a committeeship when banks, investment firms, CLBC or other institutions refuse to accept instructions because the individual is not capable of managing their own affairs and there has not been anyone appointed to act on their behalf.
The Committeeship Process
Obtaining a committeeship requires an application to the Supreme Court of British Columbia to obtain a court order. While every situation is unique, the process generally includes the following steps.
1. Medical Assessment: Determining Capacity
The first step is confirming that the adult lacks the legal capacity to manage their affairs. This typically requires medical evidence from 2 qualified physicians stating that the adult is incapable of managing their financial and legal affairs, their person, or both. Preferably, the physicians should have examined the adult within the last 6 months before rendering their opinion.
2. Preparing the Court Application
A lawyer prepares the necessary court documents, including evidence regarding the adult’s condition, assets and circumstances, and the proposed committee’s suitability. The lawyer will draft Affidavits for the physicians and attend to signing with the physicians. The lawyer will need all of the personal information about the adult including living arrangements, monthly expenses, current assets and liabilities etc.
3. Filing with the Court
The application is filed with the Supreme Court of British Columbia. Notice is give to the Public Guardian and Trustee of British Columbia (the “PGT”) (along with their review fee ), and the application is served on the incapable adult (if possible). The PGT will file a response to the application and then the application is set down for hearing on a specific date.
4. Court Review
At the hearing, the lawyer attends to speak to the application and the judge reviews the evidence to determine whether the adult is incapable of managing their affairs and whether the proposed committee is appropriate to act on their behalf. Where an application is contested and multiple applicants cannot agree, then additional evidence is required and the hearing may take a number of days to complete.
5. Appointment of the Committee
If the application is granted, the court issues an order appointing the committee. The committee then has the legal authority to make decisions within the scope of the court order.
Responsibilities and Powers of a Committee
Being appointed as a committee is a significant legal responsibility.
Once appointed, a committee has the legal authority to make decisions within the scope of the Court order. A Committee of Estate generally manages the adult’s financial and legal affairs, while a Committee of Person is responsible for personal care and, where authorized, health care decisions.
A committee must always act honestly, in good faith, and in the best interests of the adult. Decisions should be made for the benefit of the adult while considering their individual circumstances and, where appropriate, the needs of their family.
Responsibilities may include:
• Managing bank accounts and investments;
• Paying bills and debts;
• Protecting and managing real estate;
• Filing income tax returns;
• Applying for government benefits;
• Maintaining accurate financial records;
• Managing investments and other assets; and
• Making decisions regarding living arrangements or personal care, where authorized.
Although a committee has broad authority, there are important legal limits. A committee cannot make a Will on behalf of the adult, marry on the adult’s behalf, or change beneficiary designations on insurance policies, pension plans, or registered savings plans.
Committees are accountable for the way they administer the adult’s affairs and are generally required to provide financial accounts to the Public Guardian and Trustee at intervals established after their appointment. The Public Guardian and Trustee provides guidance and reporting requirements to assist committees in fulfilling these ongoing obligations.
Costs and Compensation
The legal costs of obtaining a committeeship are often payable from the incapable adult’s estate, provided the Court authorizes those costs. These expenses may include legal fees, court filing fees, physician fees for preparing the required medical evidence, and applicable fees charged by the Public Guardian and Trustee.
A committee may also be entitled to reasonable compensation for the time and services provided in administering the adult’s affairs. Any compensation is subject to legal principles and oversight and is generally reviewed as part of the committee’s accounting process.
Why Legal Assistance is Important
A committeeship application involves detailed legal procedures, medical evidence, and court documentation. Whether you are applying on behalf of an aging parent who has lost capacity or a young adult child who has never had the legal capacity to make these decisions independently, obtaining legal advice early can help ensure the application is properly prepared and proceeds as efficiently as possible.
Our lawyers can guide you through the process, prepare the necessary court documents, work with physicians and the Public Guardian and Trustee, and advise you about your ongoing responsibilities once a committeeship has been granted.
How Entrust Law Can Help
Our team assists families throughout British Columbia with committeeship applications under the Patients Property Act. We understand that these situations often arise during challenging and emotional times. Whether you are caring for an aging parent who has lost capacity or supporting a young adult with a developmental disability who has recently turned or will be turning 19, we provide practical, compassionate guidance every step of the way.
We can assist with:
• Determining whether a committeeship is required;
• Preparing and filing committeeship applications in the Supreme Court of British Columbia;
• Advising proposed committees about their legal duties and responsibilities;
• Addressing questions involving Enduring Powers of Attorney and Representation Agreements;
• Assisting with communication with the Public Guardian and Trustee; and
• Providing ongoing advice after a committeeship has been granted.
If you believe a loved one may require a committeeship, we invite you to contact Entrust Law Corporation to discuss your circumstances and learn how we can help. For Committeeship matters please contact Kristen Okimaw at kokimaw@entrustlaw.ca