Getting started as a private committee

Once the Public Guardian and Trustee (PGT) receives confirmation of your appointment as a private committee, you are assigned a committee review officer who sends an introductory letter to you about the following:

• What to expect as a private committee
• Details about the reporting requirements to the PGT about your management of the adult's financial, health and personal affairs

It is important to note that unless the court order granting the committeeship states differently, the appointment of a committee means that any power of attorney or representation agreements are no longer in effect.

To help you stay organized, the Private committee getting started checklist lets you check off tasks and make notes. Many people find this helpful.

When first appointed committee, we encourage you to:

• Get familiar with the role of committee
• Set up your records
• Perform initial financial management activities
• Identify any legal or tax issues
• Make arrangements related to healthcare and where the adult lives, if you are committee of person

Get familiar with the role of committee

After the appointment of committee, we encourage you to carefully read:

• This private committee guide to understand your role, the PGT’s role and the support available to you
• The court order, because your authority to act in the role as committee begins once it is issued

Some important points about the court order:

• It may be a few weeks before the court order is entered into the court registry and issued to you by your lawyer
• It sets out what you can and cannot do as committee
• It will contain any restrictions or limitations on your authority as committee
• It is the document you'll use to let others know that you are authorized to act on behalf of the adult for whom you are committee. You need copies of the court order to make arrangements, for example, to:
  • Deal with banks or the Land Titles Office
  • Reroute mail
  • Apply for or re-direct Canada Pension, Old Age Security or other pensions
  • Arrange payment with creditors such as Telus, BC Hydro, landlords, or credit companies
  • Cancel or apply for benefits such as Workers' Compensation
• The original court order is kept on file at the courthouse. Your lawyer can provide you with copies. Sometimes you may need a certified copy of your court order

Payment of your legal bill

The court may order that all or part of the committeeship application be paid from the adult's estate. It is your responsibility to make sure that the work done and fees charged by your lawyer are reasonable.

The court may also order the PGT to review your legal bills. If so, make sure your lawyer includes copies of all legal bills related to your application when they send a copy of your court order to the PGT. For more information, see How to assess legal bills as a private committee.

Bond requirement

Sometimes your court order may require you to post a bond for all or part of the value of the adult's assets. The court sometimes does this to make sure the adult's assets are not at risk.

• The bond is a form of security to protect the adult for whom you are committee
• The cost of the bond is paid from the adult's assets
• The premium is based on the amount of the bond

Restrictions

Your court order may restrict your access to particular assets instead of, or in addition to, a bond. For example, the terms of your court order may state that you need the PGT's permission or a further court order to access a particular asset like a term deposit or a business.

For information about how to deal with restricted assets, see Accessing restricted assets. 

For more information about how to access restricted real property see, Buying and selling real property as a private committee.

Bank, investment and securities accounts

The adult's bank accounts should be in their name only. The committee should not put their name on the account for management purposes. If you shared a joint account with the adult before you became committee, you can continue to maintain it. For transparency and to simplify record keeping, you could consider: 

• Transferring the adult's share of the account to a new account in their name alone
• Removing your name from the account

If you continue to use a jointly-held account, you should use it the same way it was used before you became committee. For example, if the joint account was used only for the adult’s benefit, then you should continue to use it that way. For more information, see Managing joint assets as a private committee.

If there is more than one committee and your court order permits it, you can choose whether to have one or more than one committee’s signature on the account(s). Make these arrangements with the financial institution.

You may choose to set up a separate account for savings and investment purposes. We suggest you do not use more bank accounts than necessary as it will make your role of committee more complicated.

You should keep records of all banking related to managing the adult's affairs. These should include all statements and documentation to back up all transactions.

Setting up your records

Your first account submission to the PGT is due one year after you're appointed committee. This will be confirmed in the introductory letter from the PGT.

It's important to set up your accounts properly from the start. The PGT has an online account submission process, so keeping documentation digitally related to any of the following topics will prepare you for when you need to submit your accounts:

• Bank
• Investment and securities statements
• Tax returns
• Will
• Vehicles
• Real property/mortgages
• Personal effects/jewellery
• Business interests
• Credit cards, lines of credit, other loans
• Determine all sources of income
• Gifts, donations

Note that the PGT also accepts accounts to be mailed, in addition to the online option. For more information about account submission to the PGT and passing your accounts, see Submitting your accounts to the PGT as a private committee or Private committee account submission.

The cost of a bookkeeper or accountant to help you set up and manage record keeping can be paid out of the adult's assets. If you hire someone, make sure the fees you are charged are reasonable.

You will be asked to provide evidence of expenses as part of the account submission process with the PGT. We recommend you:

1. Keep your records as complete, organized and up to date as possible. It’s important to maintain documentation to so you have evidence to support  all transactions you make as committee   
2. Record reasons for any decisions you make on behalf of the adult at the time of making them

Assets that are listed in a will

It is important to note that if you choose to sell or otherwise dispose of any assets that are specific gifts in a will, you must keep records of the amount of the sale proceeds, or fair market value, of the asset. This is because the adult's executor or administrator will need this information to distribute the adult's estate.

Getting started checklist

This checklist is an overview of the tasks you, as a new committee, may need to do.

Each situation is different. Not everything in this checklist will apply to you, but it will point you in the right direction.

It is recommended that you record reasons for any decisions you make on behalf of the adult at the time of making them.

The below checklist can also be downloaded. Private Committee Getting Started Checklist (PDF, 196KB)