What Is Committeeship and How to Apply for It in BC
In British Columbia, the term “committeeship” refers to adult guardianship. This is not to be confused with guardianship of a minor child. There are two types of committees: committee of the estate and committee of the person.
In this blog post, I will explain why your loved one may need a committee and how you or someone else can apply to become a committee.
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The Patients Property Act
In British Columbia, The Patients Property Act enables a person to go to court and ask for a ruling that a family member is mentally incapable of managing their health, legal and financial matters due to illness, age, or other reasons.
Mental infirmity can be caused by a degenerative disease, such as dementia, mental illness, an accident, or other disability to the extent that an individual is incapable of managing himself or herself and/or is unable to manage his or her own affairs.
When Is a Committee a Good Choice?
If an adult is unable to make their own decisions, they may need someone to be their adult guardian (a committee). This often happens when the adult hasn’t made plans like creating a Representation Agreement or Enduring Power of Attorney.
There are two types of committeeships: committee of the estate and committee of the person. A committee of the estate is responsible for the patient’s financial and legal affairs while a committee of the person assumes an adult’s health and personal care matters. A committee of estate must report to the Public Guardian and Trustee about how the patient’s finances are being managed.
Who Can Become a Committee Applicant?
It is ultimately the court that determines whether the applicant is the right person to act as the adult guardian of the patient. When determining whether to accept or refuse the appointment of a committee nominated by a patient, the court must consider the following:
- the adult’s autonomy, dignity, and the way he chose to live his life prior to mental infirmity
- the proposed committee’s previous involvement with the adult or his family
- the proposed committee’s knowledge and understanding of the adult’s situation and needs
- the proposed committee’s level of experience or capability in performing the duties of committee
- any kind of plan or scheme of the proposed committee for the management of the adult
- any potential conflict of interest between the proposed committee and the adult
- the effect on the adult of any conflict among family members:
Most cases favor appointing family over outsiders, yet courts may recognize a patient’s expressed desires and trust in the outsider if credible evidence is provided.
Importantly, the courts have stated that the capacity to nominate a committee is lower than the capacity to manage one’s affairs—the patient need only know what their wishes are. This means that a patient can nominate an adult guardian while lacking the capacity to manage their own affairs.
How Can I Become a Committee Applicant?
The British Columbia Supreme Court has jurisdiction over committeeship applications. To be appointed to a committee, the proposed candidate (often via their lawyer) must apply to the BC Supreme Court and submit, among other things, affidavits from two BC doctors attesting that the adult is mentally unable to manage their affairs or self.
It is important to consult with experienced lawyers who can guide you through the application process and ensure that no procedural or factual steps have been missed. A proposed applicant has significant duties and obligations vis-à-vis the patient and must act in the best interests of the patient. As such, committeeship applications may be complex. Such applications must also be made with notice to third parties such as the Public Guardian and Trustee.
Contact us today for a consultation to see how we can help you and your loved ones and how you can act as a committee.