Challenging Committeeship Applications as a Patient
If someone has filed a committeeship application to be appointed as your committee (legal guardian) under British Columbia’s Patients Property Act (PPA), and you believe you are still capable of managing your own affairs, you have the right to respond to and challenge the application.
Understanding your rights and the legal process is key. This blog provides a straightforward overview for individuals who are the subject of a committeeship application—also referred to as the "patient" in court filings.
What Is a Committeeship?
Under the Patients Property Act, a person may be declared "mentally incompetent" by the BC Supreme Court. The court may then appoint a committee of the person, committee of the estate, or both, to manage the patient's personal care or financial affairs.
This process often starts when family members or health authorities believe someone cannot manage their affairs due to cognitive decline, brain injury, or mental illness.
Take a look at our past blog to learn more about the Committeeship Process generally.
What Does It Mean to Be Declared a “Patient”?
Being declared a patient under the PPA has serious consequences:
You lose the legal right to make decisions about your finances, property, or personal care (depending on the type of committeeship granted).
Someone else gains control over aspects of your life that you may still be capable of managing.
Because the impact is significant, you have the right to participate in the court process and oppose the application if you do not agree with it.
Your Rights as the Respondent (Patient)
You have the right to:
Receive notice of the application.
Hire a lawyer to represent you.
Object to the application in writing or in court.
Request an independent medical assessment.
Present evidence of your capacity.
How to Challenge a Committeeship Application
1. Consult a Lawyer Immediately
If you’ve received a copy of a notice of application for committeeship, time is critical. A lawyer experienced in committeeship applications can help assess your situation and guide your response.
2. File a Response
Your lawyer can help you file a response to the application, stating your opposition and the grounds for it.
3. Challenge the Medical Evidence
A PPA committeeship application must be supported by two affidavits from medical practitioners stating that you are incapable of managing your affairs.
You can:
Obtain an independent medical opinion.
Challenge the qualifications or findings of the doctors supporting the application.
Argue that your alleged incapacity is temporary or situational.
4. Gather Supporting Evidence
Your lawyer may help you collect evidence showing:
You are managing your financial affairs (e.g., paying bills, handling banking).
You are making sound personal or health decisions.
You have a valid enduring power of attorney or representation agreement already in place.
5. Attend the Court Hearing
You are entitled to be present at the court hearing. If you have difficulty attending in person, your lawyer can request remote participation or make accommodations for disability or health needs.
Alternative Options
If you agree that you need some help but maintain that you have the capacity to craft legal documents and do not believe committeeship is necessary, your lawyer might help you propose less intrusive alternatives, such as:
A new enduring power of attorney (if you still have capacity to make one).
A representation agreement for health and personal care decisions.
Supported decision-making arrangements.
These can help you retain autonomy while receiving assistance where needed.
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.