Understanding Committeeships in BC: A Quick Guide for Families

When an adult family member becomes unable to manage their finances or personal care and doesn't have a Power of Attorney or Representation Agreement in place, families often face tough questions about legal decision-making.

In British Columbia, a court-ordered solution known as a committeeship offers a path forward. Here is a practical overview of how it works.

What is a Committeeship?

A committeeship is a legal process under BC’s Patients Property Act (PPA). The Supreme Court appoints an individual (a "committee") to make decisions for an adult (referred to legally as the "patient") who can no longer manage their own affairs.

Depending on the situation, the Court can appoint a:

• Committee of Estate: Manages financial affairs and property.
• Committee of Person: Handles personal and healthcare decisions.
• Committee of Estate & Person: Manages both financial and personal care.

How to Apply for a Committeeship in BC

Applying for a committeeship involves a formal process through the BC Supreme Court:

1. Medical Evidence: Two BC doctors (often including a specialist) must provide recent medical reports certifying incapacity.
2. Affidavit: A sworn inventory detailing the adult's family members and assets.
3. Formal Notice: Notice of the court application must be served to the adult, close family members, and the Public Guardian and Trustee (the provincial body safeguarding vulnerable individuals).

Serving as a committee comes with significant legal responsibility. As a fiduciary, you are legally bound to manage the adult's affairs honestly, carefully, and strictly for their benefit.

Depending on the specific court order, your responsibilities may include:

• Financial & Estate Management: Overseeing bank accounts, paying bills and taxes, managing investments, and maintaining or selling real estate.
• Personal & Healthcare Care: Arranging support services, choosing housing, and making key decisions regarding the individual's overall welfare and medical care.

A committeeship is essential because it serves as the ultimate legal mechanism to protect an adult’s well-being and assets when they can no longer make decisions for themselves. Without prior planning tools (like a Power of Attorney or Representation Agreement), financial and healthcare systems will lock family members out of managing their loved one's life.

If you have questions about committeeship, concerns about the capacity, or would like guidance regarding your options, a member of our Estate team would be happy to assist.

This blog post provides general information and is not intended as legal advice. Laws change frequently, please contact DuMoulin Boskovich LLP for advice specific to your situation.