Overview
The Public Guardian and Trustee is authorized by the Patients Property Act and the Public Guardian and Trustee Act to regularly review the accounts of the adult to ensure the private committee is fulfilling their role in the best interests of the adult.
Failure to comply with the reporting requirements can result in your committeeship being removed.
Your first accounts submission to the PGT is due one year from the date of your court order. After this review and each subsequent review by the PGT, the next due date is set and the type of accounts submission is determined.
There are two types of account submissions for a private committee:
- Full accounting: involves submitting a report of accounts that may include a detailed expense listing, providing copies of supporting documents, an affidavit, and a review fee is paid by the adult’s estate to the PGT as set out in legislation. Typically, this report submission type is every 2-3 years, the estate is over $25K, and income is over $20K per year.
- Limited accounting: involves submitting a report of accounts, requires no affidavit, and few supporting documents, and the adult’s estate pays no review fees to the PGT. Typically, this report submission type is every 5 years, the estate is under $25K, and the adult’s income is under $20K per year.
A full accounting is required the first time you submit your accounts to the PGT for review.
The account review process
The account review process is as follows:
The private committee:
- You receive a letter from the PGT reminding you when your accounting is due.
- You submit your accounting to the PGT: this can be done online or you can download the required form for manual completion and mailing to the PGT.
- Depending on the value of the adult's assets the PGT may charge an account review fee. See Fees for services to private committees
The private committee services department:
- Reviews your accounting and communicate the result of the review to you. They will also tell you when your next accounting is due and if you have to submit a full or limited accounting:
- If the review of your accounts is successful, you will also receive, a certificate which states that your accounts have been passed.
- If the review finds concerns, a letter is sent to you outlying the issues found and depending on the nature of the concerns, the PGT may provide additional information to help clarify your role or the PGT may take action to end your authority as committee
Submitting your accounts
When to submit your accounts
As committee of estate you must submit accounts at regular intervals to the PGT. Your first reporting period ends on the last day of the month, one year from the date you were first appointed committee. For example:
- If you are appointed committee on November 18, 2022, the first account review period is November 18, 2022 to November 30, 2023. Your accounting for this period is due to the PGT no later than December 31, 2023.
Account submission method
Please submit your accounts online. If you are not able to submit online or run into any difficulties making your submission, please contact us at PCSAdmin@Trustee.bc.ca.
When there are issues with your accounts
If your account submission is incomplete or does not comply with the requirements, we cannot complete your review and will follow up on missing information. This will delay the completion of our review.
We will work with you to resolve any outstanding issues encountered during your review.
The PGT may not pass accounts in some circumstances. For example, when:
- There are unresolvable issues with the accounts
- The committee has not responded to requests for information
- The committee does not provide the required supporting documentation
If the issues are not addressed
We will provide a letter outlining why your accounts for that period have not been passed. Depending on the nature of our concerns, the PGT may also take action to end your authority as committee. If your accounts have not passed:
- Your requested fee for your activities as committee will not be approved (if applicable)
- You can make an application for your accounts to be approved by the court
- We must be given notice of this application
- We may oppose your application or make comments to the court about our concerns
When a full account is required
Once the PGT has reviewed and passed your accounts, you receive a certificate. If you have asked to be paid a fee for your services as committee, the certificate will also state the fee that you are entitled to take from the adult’s estate.
- If we are not able to pass your accounts, you may be referred to the court for a “Registrar's Passing”
- If you are not satisfied with the fee awarded to you, you can go to court for a “Registrar's Passing”
An optional fee paid to private committees
As the private committee, you may be entitled to take a fee from the adult’s estate. If you want to take this fee, you must request it when submitting your accounts.
You can not take this fee until we send you a certificate stating your accounts have been passed. The certificate will also state how much you are entitled to take in fees. If you have not reasonably performed your duties as committee, your fee may be reduced or denied.
The PGT sets the fee you are entitled to receive when your accounts are passed. Fees paid to private committees for their services are based on the following:
- 5% of the income generated by the estate, and
- A set fee for asset management
If you have done additional work, for example cleaning the adult’s home, that you feel warrants an added fee, you must provide the details in writing with your account submission package. We will consider your request when we review your accounts.
Your personal income tax
Any fee you receive as committee is taxable income in the year you receive it. You can take the fee any time between the time it is approved and the end of the next reporting period.
For limited accounting
If the adult for whom you are committee has limited income and assets (under $25,000.00), and it is not your first accounts reporting, we typically request limited accounting. The following are important considerations if you are on limited accounting.
- You do not qualify to take a fee for your role as private committee
- Each time the PGT reviews you may be requested to do a full accounting in the future if:
- There are concerns about your management of the adult's affairs
- The financial situation of the adult changes
You are still obliged to file the adult's taxes and maintain a detailed accounting record. This should include statements and receipts that substantiate the adult's:
- Assets
- Liabilities
- Income
- Expenses
Inform our office if the adult for whom you are committee:
- Has a change in circumstances, including an increase in income or assets, such as an inheritance or windfall
- Moves or changes contact information
- Dies
Please note that you are not entitled to receive a fee for your service as private committee if the accounts are not passed. Discretionary reporting does not qualify you to take a fee for your role as private committee.
Retaining records
Once the PGT has completed its review, we rarely ask for information about that reporting period again. However, you are required to keep all originals of the files you submit to us, including, if relevant, the affidavit, because you may need to provide them to the PGT or the Executor/Administrator.
Originals should be kept by you until after the death of the adult for whom you are committee and you are released by the Executor/Administrator of the adult’s estate.
The records can be useful for other reasons, for example:
- Canada Revenue Agency (CRA) may ask for information
- Someone may challenge your management of the adult's estate
- You may need information for the executor or administrator of the adult's will
Advice services
Contact your committee review officer if you have questions about your role as committee. They can not 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