Understanding Adult Guardianship and Committeeship in British Columbia

In British Columbia, there are circumstances where an adult may no longer be able to manage their personal, medical, or financial affairs due to mental or physical incapacity. In these situations, the court can appoint a committee to make decisions on behalf of the adult. This process is governed primarily by the Patients Property Act (PPA) and related legislation, along with other statutes affecting adult guardianship and decision-making.

Who May Need a Committee?

A committee ensures that the adult’s needs are protected. A committee may be needed when an adult:

  • Is unable to manage finances or legal matters due to mental infirmity, illness, or disability;
  • Cannot make medical or personal care decisions on their own; or
  • Lacks a power of attorney or representation agreement that grants someone else the authority to act on their behalf.

Those needing a committee often include:

  • Seniors experiencing dementia or Alzheimer’s disease;
  • Adults with brain injuries or developmental disabilities; and
  • Individuals affected by serious mental illness or substance-related disorders

The Committeeship Process

Applications for a committee may be made by:

  • The Attorney General;
  • A near relative; or
  • Any other person with an interest in the adult’s welfare

To apply for a committee, you need:

  • Petition for Committeeship;
  • Affidavits from two medical practitioners confirming that the adult has a mental infirmity or disorder that affects their decision-making abilities;
  • Affidavit of Kindred and Fortune which details the adult’s family, living situation, finances, and any existing legal documents such as a Power of Attorney or Representation Agreement; and
  • Care plan with support from caregivers, family, or other involved parties

A Notice of Committee must be given to the adult being protected, unless a doctor advises that doing so would be harmful. As well, the Public Guardian and Trustee of BC must be notified at least 10 days before the hearing.

Types of Committees

There are two types of committees: Committee of the Estate and Committee of the Person.

A Committee of the Estate handles financial and legal decisions. They can manage the adult’s banking, investments, taxes, and property.

A Committee of the Person handles personal and medical decisions. They can make decisions about the adult’s healthcare, living arrangements, and daily care.

In some cases, a single person may be appointed as committee for both estate and person, depending on the adult’s needs.

Committeeship ensures that vulnerable adults are protected from financial exploitation. It also ensures that the necessary medical and personal decisions are made in their best interests. Caregivers then have the legal authority to act when an adult cannot make decisions.

Frequently Asked Questions

Who can act as a committee?

A committee can be a family member, friend, or caregiver. If there are no suitable candidates, the Public Guardian and Trustee of BC may be appointed.

Do I need a lawyer to apply?

A lawyer is not required but a qualified estates lawyer can help ensure that all documents and affidavits meet court standards.

How long does the committee process take?
The committee process can take several months, depending on medical reports, notice periods, and court scheduling.

Can the committee act immediately after the order?
Yes. Once the court issues the order, the committee can begin making decisions according to the type of committeeship granted.

Is there a cost for medical affidavits?
Yes. Typically, medical professionals charge for preparing affidavits, and fees vary depending on the complexity of the assessment.

 If you are unsure about how the law applies to your specific situation, discover how our specialized team can help you by contacting us to set up a free consultation.

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