COMMITTEESHIP APPLICATIONS
What is a committeeship?
Dementia, often in the form of Alzheimer's, and other illnesses associated with ageing often leave a person unable to take care of themselves. A "committee" is a person appointed by the Supreme Court of British Columbia to manage another person's personal care and financial affairs. Typically, it will be a relative of the person who steps in to act as committee, though occasionally a friend or a professional management company, or the public Guardian and Trustee, may be appointed.
How do I become a committee?
You must apply to the Supreme Court of British Columbia to become a committee. The Patients Property Act requires that a potential committee provide:
- a sworn statement from two doctors in BC stating that the patient is unable to manage their own affairs by reason of mental infirmity arising from disease, age or otherwise, or disorder or disability of mind arising from the use of drugs, incapable of managing his or her affairs and/or his or her person, and
- an “Affidavit of Kindred and Fortune” which sets out information about the patient, including their relatives, income, property, and debts
Committeeship has been called a "civil death", meaning a person's ability to control their own legal and financial affairs is taken away. There is a very real possibility of elder abuse and exploitation if the committee is dishonest. Judges take their oversight role seriously and will require evidence that the proposed committee will at all times do their job properly and act in the best interests of the person.
What is the Public Guardian and Trustee's role in committeeship applications?
The Public Guardian and Trustee reviews all committeeship applications and monitors all committee's accounts on an ongoing basis. The Public Guardian and Trustee also investigates reports of mismanagement by a committee and will apply to remove a committee if there is evidence of wrongdoing. In some cases, where no relative or friend is willing to step in, the Public Guardian and Trustee will step in and act as committee for a person unable to manage their own affairs.
What if the committee is not doing their job?
The committee has a difficult job. They must take control of the person's property, make prudent investments, file tax returns, and budget for and pay expenses. If a committee is negligent in their duties or has been stealing from the person, then the Public Guardian and Trustee can apply to the court to have the committee removed.
How do I get started on a committeeship application?
A committeeship is a complicated legal application which requires careful preparation. Any application for committeeship must be submitted to the Public Guardian and Trustee of British Columbia for their review and comments. Relatives must receive proper notice. The committeeship lawyers at Virgin Law Group have decades of experience in committee applications. Contact us to receive a free 30-minute consultation with an associate lawyer.
