Applying for Committeeship in BC when a Loved One has Lost Capacity
Watching a loved one lose the ability to make decisions for themselves, due to illness, injury, or age, is incredibly difficult. When that person has no documents naming a fiducairy in place, families in British Columbia may need to apply to the BC Supreme Court to be appointed as a committee.
This legal process is known as a committeeship application, and it grants someone the authority to make decisions on behalf of an adult who is mentally incapable (the “patient”). It can be complex, emotional, and time-sensitive, so hiring a lawyer is often not just helpful, but essential.
What Is Committeeship?
Under British Columbia’s Patients Property Act, when an adult is incapable of managing their affairs or their person, the court can appoint someone to act as their committee; essentially a substitute decision-maker.
There are two types of committeeship:
Committee of the estate: Manages the adult’s financial and legal matters (banking, property, taxes).
Committee of the person: Makes personal and health care decisions (where they live, medical decisions).
In some cases, one person is appointed for both roles. In others, responsibilities are split between family members and professionals or multiple people are appointed as co-committees.
When Is Committeeship Needed?
Committeeship is usually needed when:
The adult is no longer capable of making decisions.
The adult does not have documents appointment a fiduciary, such as a power of attorney, representation agreement, or appointment of committee.
There is a need to manage the adult’s finances, sell property, make health decisions, or protect them from financial abuse or neglect.
Common causes of incapacity include:
Dementia or Alzheimer’s
Stroke or brain injury
Mental illness
Developmental disability
Coma or prolonged unconsciousness
Drug dependence
The Committeeship Application Process
The application is made to the BC Supreme Court and involves several steps:
1. Medical Evidence
You must obtain affidavits from two medical practitioners confirming that the adult is incapable of managing their affairs and/or person. These affidavits contain the opinions of the practitioners based on capacity tests they have performed.
2. Notice to Interested Parties
Family members, close friends, and others with an interest must be notified of the application. If no one opposes it, the process is considered uncontested.
The Public Guardian and Trustee is considered an interested party, and must be notified and given the opportunity to review the application.
The patient must also be notified, unless the medical practitioners deem service of the patient to be dangerous and provide evidence for the court as to the dangers. Keep in mind, the court must agree with this line of argument, otherwise you will be required to serve the patient.
3. Court Filing
Your lawyer will prepare a petition, affidavits, and supporting documents outlining:
Your relationship to the adult
The adult’s assets, liabilities, and care needs
Why committeeship is necessary
Why you are a suitable committee
4. Court Review
In uncontested cases, a judge may grant the order. If anyone objects, the matter can proceed to a hearing, which adds cost and delay while the court decides who is the proper person to be committee for the patient.
Why You Should Hire a Lawyer
While it is possible to file a committeeship application on your own, here’s why legal representation is strongly recommended:
Complex Procedure
The paperwork is technical, and court rules must be strictly followed. Errors in the documents or medical affidavits can lead to delays or rejection.
Sensitive Family Dynamics
If there’s any potential for conflict, even informal disagreements among siblings or relatives, a lawyer can help navigate those tensions and prevent or put your case forward you in a contested application.
Protecting the Vulnerable Person’s Interests
The court requires detailed information to ensure the adult’s rights are protected. A lawyer ensures the application fairly represents the adult’s needs and complies with legal standards.
Saving Time and Stress
Lawyers can streamline the process by coordinating with doctors, preparing accurate documents, and handling court filing and service. This helps avoid unnecessary delays and complications at an already difficult time.
What Happens After a Committee Is Appointed?
Once appointed, the committee must:
Act in the adult’s best interest
Keep detailed financial records
Submit reports to the Public Guardian and Trustee, as required
Not mix their own funds with the adult’s funds
Potentially apply for court approval for major decisions
Failure to comply can lead to court review or removal of the committee.
Zachary has managed multiple committeeship applications for clients in different jurisdictions across British Columbia and provided successful results, including urgent situations.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about committeeship applications or need guidance on any legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.