Applications to Appoint a Committee in British Columbia

Committeeship refers to adult guardianship, where a committee is appointed to manage the personal and/or financial affairs of an adult who is incapable of doing so themselves. This is distinct from guardianship of a minor child. There are two types of committeeships:

1. Committee of the Estate: Responsible for managing the financial and legal affairs of the adult.
2. Committee of the Person: Responsible for managing the health and personal care of the adult.

A committee is often necessary when an adult has not made prior arrangements such as a Representation Agreement or Enduring Power of Attorney. Situations that may require the appointment of a committee include mental infirmity caused by degenerative diseases like dementia, mental illness, accidents, or other disabilities that render an individual incapable of managing their affairs.

Typically, the applicant is a close relative or loved one of the adult in question. However, the court ultimately decides whether the applicant is suitable to act as the adult’s guardian. Factors considered by the court include the adult’s autonomy, dignity, the proposed committee’s involvement with the adult, their understanding of the adult’s needs, and any potential conflicts of interest.

To be appointed as a committee, the applicant must apply to the Supreme Court of British Columbia. The application process involves several steps:

1. Filing a Petition: The applicant must file a petition with the court, seeking an order declaring the adult incapable of managing their affairs and requesting the appointment of a committee.
2. Affidavits from Medical Professionals: The application must include affidavits from two BC doctors attesting to the adult’s mental incapacity.
3. Affidavit of Kindred and Fortune: This affidavit provides detailed information about the adult’s family relationships (kindred) and financial situation (fortune). It includes a list of the adult’s assets, liabilities, income sources, and any other relevant financial information.
4. Bond Requirement: A committeeship order may require the committee to post a bond for all or part of the value of the assets being administered. The bond is a form of security, similar to an insurance policy, that protects the adult’s property from potential mismanagement. The cost of the bond is paid from the estate of the adult.
5. Court Hearing: The court will review the application, consider any objections, and make a decision based on the best interests of the adult.

Some key responsibilities of a committee include:

1. Position of Trust: As a committee, you occupy a position of trust and are appointed by the Supreme Court of British Columbia to protect the interests of the adult whose affairs you manage. You must act reasonably, prudently, and in the best interests of the adult.
2. Financial Management: Committees are responsible for managing the adult’s financial affairs, including operating bank accounts, paying bills, managing investments, and ensuring adequate care within the adult’s financial means.
3. Legal and Business Affairs: Committees may need to manage the adult’s business interests, legal matters, and ensure income tax returns are filed. You may also need to make decisions regarding the adult’s real property, vehicles, and personal effects.
4. Health Care Decisions: As a committee of the person, you have the authority to make health care decisions on behalf of the adult. This includes consulting with medical professionals, considering the adult’s wishes, and making decisions based on the adult’s best interests.
5. Residential and Facility Admission Decisions: Committees must make decisions about where the adult will reside, considering factors such as the adult’s wishes, level of care required, and financial considerations.
6. Access Decisions: Committees may need to manage who has access to visit the adult, ensuring the adult’s safety and emotional well-being.
7. Investment Decisions: Committees are required to act as prudent investors, developing an investment plan or strategy, seeking professional assistance, and ensuring reasonable diversification of investments.
8. Reporting and Accountability: Committees must periodically submit accounts to the Public Guardian and Trustee for approval, including documentation substantiating the market value and ownership of assets and liabilities.

The Public Guardian and Trustee plays a crucial role in the committeeship process. The Public Guardian and Trustee is authorized under the Patients Property Act and the Public Guardian and Trustee Act to investigate concerns regarding private committees, review and pass accounts of private committees, and act as a committee for adults where no other qualified and suitable person is willing to act. The Public Guardian and Trustee also sets guidelines and procedures for the passing of accounts and may request information regarding decision-making related to health and residence issues.

There are several ways a committeeship can come to an end:

• Adult Becomes Capable: If the adult regains the ability to manage their own affairs, the committee should assist the adult in consulting a doctor to confirm their capability and then contact a lawyer to obtain a court order to terminate the committeeship.
• Adult Moves to Another Province/Country: If the adult permanently moves outside of BC, the committee may need to apply for similar authority in the new jurisdiction and provide the Public Guardian and Trustee with a copy of the new documents.
• Committee No Longer Willing or Able to Act: If the committee is no longer willing or able to act, they should have a lawyer apply for a court order ending the committeeship and appointing someone else.
• Death of the Committee or Adult: If the committee dies, their executor or administrator is responsible for finalizing the committeeship accounts, and the Public Guardian and Trustee becomes the committee until another is appointed. If the adult dies, the committee’s authority continues until the formal appointment of an executor or administrator of the adult’s estate.