Committeeship Applications: Protecting Vulnerable Individuals

When an individual in British Columbia is no longer capable of making decisions about their personal or financial affairs, family members or trusted individuals may need to seek legal authority to act on their behalf.

In British Columbia, the Patients Property Act, R.S.B.C. 1996, c. 349 (the “PPA”) governs the appointment of committees and sets out the legislative framework and authority for an individual to manage a patient’s personal and financial affairs.

Under the PPA, a patient is defined as an adult who has been found by a court to be incapable of managing their own personal or financial affairs due to a mental or physical condition.

What is a Committee?

A committee is a person appointed by the court to make decisions on behalf of an adult who has been legally found incapable of managing their own affairs. The committee acts in the patient’s best interests and may oversee personal care, financial matters, or both. Committees can be family members, trusted friends, professional trustees, or, if no suitable person is available, the Public Guardian and Trustee (“PGT”).

Under the PPA, committees may be appointed in two main roles.

• Committee of the Person – responsible for personal care decisions such as health care, living arrangements, and overall well-being.
• Committee of the Estate – responsible for financial and legal matters, including paying expenses, managing assets, filing taxes, and handling property.

The court may appoint the same individual to both roles or divide the responsibilities between different people, depending on the adult’s needs and the complexity of their affairs.

When is a Committeeship Application Needed?

An individual might consider applying for a committeeship if:

• A loved one’s mental capacity has declined due to illness, injury, or age-related conditions.
• There’s no existing legal document giving someone authority, such as an enduring power of attorney or representation agreement.
• Banking institutions or care facilities require formal legal authority before permitting someone to make decisions on behalf of a loved one.

The Committeeship Application Process

To appoint someone as a Committee of the Person or a Committee of the Estate, a formal application must be submitted to the court. This application must include affidavits from two medical doctors confirming that the patient is unable to manage their personal or financial affairs.

The application must also be notified to the PGT. In most cases, the patient must also be given notice of the application unless the court directs otherwise, giving the patient an opportunity to respond if they are able.

The PGT reviews all supporting documentation and provides comments for the judge to consider. Their review addresses whether the medical evidence is sufficient, whether any limits should be placed on the committee’s powers, and whether a bond should be required to protect the patient’s estate.

The court carefully considers all this information before making a decision. Its primary goal is to ensure that the appointment of a committee serves the best interests of the patient. In cases where there is significant conflict among competing applicants seeking to be appointed, the court may decide to appoint the PGT as the committee.

If you are considering a committee application, our experienced Estate Litigation team can guide you through every step of the process. Contact us for a free consultation.