Managing personal affairs as a private committee

As committee of person, you have the legal authority to make decisions about personal affairs for the adult for whom you are acting as committee.

Some examples of these decisions include:

• Where an adult should live
• Whether the adult should participate in work, educational, or other activities
• Whether an adult should receive a type of health care
• Decisions about an adult’s diet or what they wear
• Who can visit with the adult

Fostering independence is an important duty of all committees. As committee of person, it is important that you make an effort to find out the adult’s current wishes and beliefs. You must also involve the adult to the greatest extent possible when making decisions about their affairs. The adult has the right to participate in personal decisions, even when you are committee.

For more information, see How to foster independence and decision making as a private committee. 

To learn about the adult’s wishes and beliefs, you should first talk to the adult. You may wish to talk with family members, close friends and others who might have valuable information that will help guide your decisions. Talking with the adult and the people connected to the adult will help you make the best decisions possible.

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

Legislation that guides your authority 

As committee of person, your authority comes from the Patients Property Act. There is also legislation related to making health care decisions on behalf of an adult, which is Health Care (Consent) and Care Facility (Admission) Act.

Health care decisions

While you are committee of person, you have the authority to provide informed consent on behalf of the adult for whom you are committee. You may have to make health care decisions for the adult. These could be minor, such as keeping the adult up to date with medications and routine visits to the doctor.

Health care decisions can also be major, such as whether to undergo surgery. These decisions can have serious implications for the adult. The following is a list of considerations to help you make these important decisions:

• Have the doctor explain all treatment options
• Make sure you understand the benefits and risks of each option
• Consider seeking a second opinion
• If possible, speak to the adult about their wishes and consider any known instructions or wishes made by the adult when the adult was capable
• If there are no known prior instructions made when the adult was capable, follow their known values and beliefs and if there are no such values and beliefs, know then the decision is to be made in the adult’s best interests
• When it’s appropriate, talk with family members and friends. They can help you understand the adult's wishes when they were capable, values and beliefs
• Keep a journal with information, events and dates related to the key decisions you make

Residential and facility admission decisions 

As committee of person, you have the legal authority to decide where the adult for whom you are committee lives. When managing this aspect of the adult’s personal life, you can ask yourself the following questions:

• How is the adult currently managing?
• Is the adult's current setting suitable?
• What plans are there for the adult's future?

These decisions can be very hard to make, especially if the adult needs to move from their home. For example, it can be hard to balance the adult's wishes against the acceptable risk and affordability of the option for them to stay at home. There may not be a clear choice. Speaking with the adult's caregivers, such as their physician or social worker, can be very helpful. You must consider:

• The adult’s wishes
• The best interests of the adult
• The level of care/support the adult needs
• The level of support that is available
• The level of risk associated with the location
• Consultation with family or friends
• Financial considerations

Access decisions 

Well-being also includes emotional support and social connections, such as contact with family and friends. In most situations, adults should decide who they wish to have contact with. Visits to or from family and friends usually contribute a great deal to the adult's quality of life.

However, in certain situations, you might need to limit or restrict someone’s ability to visit with the adult for whom you are committee of person. This decision should only be made as a last resort, such as when there is potential harm or risk to the adult for whom you are acting as committee.

Consider the following:

• The wishes and best interests of the adult
• Alternative arrangements that could provide a safe environment for the individual to visit the adult
• The advice of the adult’s health care provider
• The potential for, and the level of risk or harm to the adult

If you decide to restrict someone's access to the adult you should:

• Keep a written record of the events and the information you considered to make your decision
• Communicate in writing to the person whose access you have chosen to limit to let them know about your decision

It's not uncommon for individuals whose access to an adult has been restricted by a committee to contact the Public Guardian and Trustee (PGT).

These individuals may allege that a committee has abused their authority by restricting access to the adult. We have an obligation to investigate any allegations of inappropriate conduct by a committee.

When we conduct our investigation, we ask that a committee provide information about why they decided to restrict someone’s access to the adult. When we have gathered and reviewed the information, we may:

• Conclude our investigation by taking no further action
• Offer suggestions to resolve the situation, or
• When necessary, take legal steps to resolve the matter

How to foster independence and decision making as a private committee

As committee, you have the legal authority to make decisions for an adult who is no longer capable. However, under B.C. law, every individual has the right to take part in making decisions about their own life. This is still true for adults who have been legally declared incapable.

Your role is to ground your committeeship in respect for and dignity of the person you are assisting. To do this, you must foster the independence of the adult for whom you are committee for as much as reasonably possible. You must:

• Foster the adult’s independence
• Encourage and involve the adult in decisions

To guide your decisions, you must balance your role as committee with promoting the adult's independence in ways that matter to the adult. You should try to include the adult's input in decision-making, but you must also have safeguards to protect them from serious risk or loss. To do this, you must explore the adult’s wishes and beliefs. If this is difficult, you can talk to the adult’s friends, family and caregivers to help you understand what the adult might have done when the adult was capable. It will also help you to maintain the adult's independence and input into decision-making to the greatest degree that they are capable of.

This can be a challenging balance to achieve. It's not uncommon for committees to ask themselves if they've supported the adult's independence and wishes too much or too little. We have years of experience and you are welcome to call. We cannot make decisions for you, but we may be able to provide you with advice or resources that can help.

Here are some stories that demonstrate how a committee can foster independence and decision making.

Connecting with the community

Gurpreet is in his late 40s. He has had multiple traumatic head injuries which have affected his speech, impacted his problem-solving skills and, over time, his mobility. He now uses a motorized wheelchair to get around his community. Gurpreet also lives with mental health issues. He enjoys being active in his community, regularly attends a local temple and is proud of his home. Over the years, Gurpreet has been taken advantage of by others, particularly with respect to his money.

Before his accidents, Gurpreet was independent in all aspects of his life. Today, through the daily assistance of community support workers, he lives in his own home. Gurpreet’s brother was recently appointed as his committee to finalize a legal settlement related to his injuries. Frustrated and worried that Gurpreet could be financially exploited, his brother considered only allowing Gurpreet to be involved in the community when supervised by his support worker.

One of Gurpreet’s favourite spots to visit is a local tea shop, conveniently located two blocks away from his home. Gurpreet’s brother identified that the coffee shop could be a safe environment that would allow Gurpreet to remain active in the community. Together, Gurpreet and his brother planned and practiced a safe route for him to navigate the short ride in his wheelchair. Gurpreet’s brother provided the shop manager with his contact information in case of any problems. Gurpreet now drives his wheelchair to the restaurant, where staff greet him by name, and he orders his tea and something to eat. His brother loads a gift card with $50 each week, so Gurpreet does not have to worry about carrying cash and can purchase his favourite items.

This is an example of fostering independence in an appropriate and supportive way, without imposing undue restrictions. In this case, it also saves Gurpreet the extra cost of a support worker for this familiar activity. Debit cards, gift cards and other non-cash options can provide opportunities for purchasing items while limiting risk. They may also provide a record of purchases made with the card, documentation Gurpreet’s brother can use to monitor and account for how Gurpreet’s money is being spent.

Honouring a relationship

Fei, a 24-year old woman with a developmental disability, recently surprised her family with the news she is engaged to be married.
Fei’s parents, who are also her committees, are reluctant to support the idea. They know very little about Fei’s fiancé Anson, and are anxious about Anson’s intentions and the legal implications marriage would have for Fei.

The committees want to support Fei, but also make sure she understands their concerns. They decided the best approach would be to talk to their daughter about how marriage would change her current situation and ask if she and Anson had thought about details like setting a date or where they would live. They also invited Anson to dinner to get to know him better. Although they are aware their authority does not give them the power to decide whether Fei can marry, the committees want to do their best to help Fei make an informed choice.

While the committees’ protectiveness of their daughter is understandable, the decision to marry is Fei’s. As committees, Fei’s parents are required to support her in making the decision she feels is best. They can provide her with advice or guidance they feel will help guide her, but ultimately they must respect Fei’s wishes. To support Fei, the committees could encourage her to participate in premarital preparation programs to support success in her relationship. They could also consider legal counsel to determine how best to protect Fei’s assets. Supporting and involving Fei facilitates the balancing act of honouring Fei and Anson’s relationship with the committees’ responsibility to protect her interests.

Finding a balance

Michael has lived in the same home in a small town in British Columbia since his early-20s. It’s where he and his partner raised their family. Although his partner passed away a few years ago and their three children had all long since left home and moved to the city, Michael can’t imagine living anywhere else.

Now in his mid-70s, Michael has dementia. Andre, his eldest son, was appointed committee and had been managing Michael’s finances from a distance – paying his bills, filing his taxes, and ensuring Michael had access to enough money to live life as he always had. Michael’s neighbours have always kept a close eye on him and have alerted Andre to any issues. Sometimes, he would forget to mow the lawn or collect his mail, but Andre would simply deal with it the next time he visited.

Recently, Michael’s health has noticeably declined, and Andre is increasingly alarmed by the problems Michael is having. A neighbour was visiting one morning and noticed the stove had been left on all night, and a pot had boiled dry. The last time Andre visited, Michael asked to go out for bacon and eggs. When Andre reminded him they had only just finished a big breakfast 20 minutes earlier, Michael laughed it off, but it was clear he didn’t remember. Andre wonders what else is going wrong and is worried about leaving his father on his own. He is thinking about selling the house and moving his father into a facility close to the city that could provide Michael with the assistance he seems to need. It would give Andre peace of mind that Michael was not at risk and it would also mean he could visit his dad more.

Although it seems Andre has Michael’s best interests at heart, the option Andre is considering seems to be the best one for Andre, even though it may not be the best option for Michael. Michael is in the only home he has known for 50 years, and moving could be very disruptive and possibly traumatic. To foster Michael’s independence, Andre could consider whether other options could mitigate the risk of leaving Michael in his home. Has Andre consulted with Michael’s doctor? Can Michael afford in-home support? If he cannot live independently, could he afford to keep the home so Andre could take him back for visits? Andre could also have a frank discussion with Michael about his living situation and Michael’s preferences. Even if he can no longer live in his home, Michael may prefer to move to a facility in his community rather than one near Andre.

A cautionary tale

Frank suffered a traumatic brain injury due to a motor vehicle accident a few years ago. His injuries were severe, and as a result, he was declared incapable, and his daughter Olena was appointed as his committee. The accident resulted in a financial settlement. It provided enough money to support Frank for many years. Frank’s daughter does not live in the same community as his father, so she deposited the settlement funds into his father’s bank account and allowed him to continue using his debit card to access the account for his day-to-day expenses.

Periodically, Olena reviewed the bank statements for anything out of the ordinary. One month, she noticed a sizeable drop in the account balance. The statement detail showed several $500 and $1,000 cash withdrawals, some on the same day. Olena called the bank to put a hold on the account and then called her father to tell him how his account had been compromised. Olena was surprised to learn her father had made the withdrawals. Frank had spent some of the money and had made several loans to new friends (although he couldn’t remember who).

Unfortunately, Frank’s daughter did not fully understand his dad’s vulnerability. As a result, much of Frank’s settlement money was quickly misused by people taking advantage of Frank’s good nature.

In this situation, fostering Frank’s independence and participation in decision-making requires a greater investment of time on the part of the committee as well as some thoughtful actions to reduce vulnerability. This situation could have been prevented if Frank had a different arrangement for access to his money. In this example, a protection could have been to create a separate bank account for Frank with a monthly amount transferred in for his personal use. A prepaid credit card, with a smaller dollar amount loaded onto the card, could also help support Frank’s independence without risking financial misuse.

Advice services

Contact your committee review officer if you have questions about your role as committee. They cannot make decisions for you, but they can provide general advice, answer questions or suggest resources to help inform your decisions.

The private committee services department can also help you set up your online account and answer any questions about our online services. You can contact our department at 604-660-1500 or PCSAdmin@trustee.bc.ca