How to Cancel a Committeeship and Restore Your Autonomy
If you have been declared a “patient” under British Columbia’s Patients Property Act (PPA) and are under a court-ordered committeeship, you may feel like your independence has been taken away. The good news is that committeeship is not necessarily permanent.
If you believe you have regained the mental capacity to manage your affairs, or that you were wrongly declared incapable to begin with, you may be able to apply to reverse the committeeship order and restore your legal rights.
This blog explains how that process works and what steps you need to take.
What Is a Committeeship?
A committeeship is a court-ordered guardianship imposed under the Patients Property Act when someone is declared mentally incapable of managing their personal, financial, or legal affairs. A committee, often a family member or the Public Guardian and Trustee, takes control over the person’s decisions.
There are two types of Committeeship:
Committee of the estate – manages financial and legal affairs.
Committee of the person – makes health and personal care decisions.
If you’ve been placed under committeeship, you are considered a “patient” in the eyes of the law and cannot legally make decisions about the areas for which the court has granted an order, unless the order is revoked.
Can a Committeeship Be Reversed?
Yes. The Patients Property Act allows a person who has been declared a patient to apply to cancel the committeeship if they can demonstrate they are now capable of managing their affairs.
This is called an application to cancel the certificate of incapacity and terminate the committeeship order.
Legal Requirements to Reverse a Committeeship
Under section 8 of the Patients Property Act, a patient (or someone on their behalf) must present medical evidence to the BC Supreme Court showing that the person is no longer mentally incapable.
To be successful, your application must include:
1. Two Medical Affidavits
You must provide affidavits from two qualified physicians who have examined you and are willing to swear under oath that:
You are mentally competent, and
You are capable of managing your financial and/or personal affairs (or both), depending on the type of committeeship order that was put in place by the court.
The doctors should be independent (not affiliated with the committee), and ideally, one should be a specialist such as a geriatric psychiatrist, neurologist, or psychologist, especially in complex or contested cases.
2. Affidavit Evidence from You or Supporters
You (or your lawyer) can also submit an affidavit outlining:
Your current living situation
Your ability to manage bills, appointments, or medication
Any support systems in place (family, professionals)
How your condition has improved, if applicable (examples being recovery from illness, resolution of acute episode)
3. A Petition to the BC Supreme Court
Your lawyer will file a formal petition asking the court to cancel the declaration of incapacity and revoke the committeeship order. The petition will be served on the relevant parties and they will be given a chance to respond.
The Court’s Role
The BC Supreme Court will review all of the evidence and determine whether you are now capable. If the court is satisfied, it will issue an order cancelling the committeeship, and you will regain legal control over your affairs.
If the court has any doubt about your current capacity, or if the committee opposes the cancellation, the process can become more complex, possibly involving cross-examination of doctors or a hearing.
Tips for a Successful Application
Get strong, clear medical reports. Vague or equivocal opinions (“may be capable” or “shows improvement”) may not be enough.
Demonstrate practical evidence of capability, such as proof of handling finances or making informed decisions.
Work with a lawyer. Committeeship applications are filed in BC Supreme Court and involve procedural rules and evidentiary standards.
Consider your support system. If you're still vulnerable, show the court you have family, advisors, or community support to help manage challenges.
What Happens After a Committeeship Is Cancelled?
If the application is successful:
You regain your legal status as a capable adult.
The committee loses their authority over your affairs.
Any previous legal restrictions are lifted.
You may want to prepare new estate planning documents (e.g., power of attorney, will, representation agreement) to protect yourself going forward.
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.