Applying to be a private committee

Before starting an application to be someone's private committee, See Private committee services to learn more about the role and responsibilities of a committee of estate and/or committee of person. If you decide to move forward with an application to court to be appointed as someone's private committee, the information on this page will help you prepare your application.

The Patients Property Act is the provincial law that gives the Supreme Court of British Columbia the authority to appoint private committees. The Act requires the applicant to make an application to the court to be appointed as private committee for an incapable adult. There are various requirements that need to be met for the court to appoint a private committee. Because of this, most applicants hire a lawyer to assist them with their application. We also recommend that applicants consider retaining the assistance of a lawyer.

Under section 2(1) of the Act, you may apply for private committeeship for an adult who is incapable of managing their affairs and/or themselves. If you live outside of B.C., you can still apply to be appointed as private committee for an adult living in B.C. However, if you live outside of the province, it may be difficult for you to fulfill some of your duties as private committee. In your application, you should demonstrate that the distance will not negatively impact your ability to carry out your duties.

The B.C. branch of the Canadian Bar Association offers Lawyer Referral Service that can help find a lawyer who is experienced in dealing with this type of application.

Required documents for the application

A private committeeship application must include the following documents:

• A petition to the court
• Affidavits from two medical practitioners outlining their opinion that the adult is incapable of managing their affairs and/or themselves
• Affidavit(s) of kindred and fortune for each applicant, outlining personal information about the adult such as their family circumstances, their assets, income, expenses and liabilities
• Other documents or information that your lawyer may include in the application to inform the PGT and the court about the adult and/or your relationship with the adult

Setting court hearing date and serving notice of application

Once all of the court materials are prepared, a date for the court to review your application and make the determination for your appointment as private committee will need to be scheduled. Under section 2(2) of the Patients Property Act, a notice outlining the time and place of the hearing must be served on the adult for whom you are applying to become committee not less than 10 days before the hearing.

Under section 7 of the Act, the court materials in support of a committee application must be served on the PGT and any existing committee(s), if one has already been appointed, not less than 10 days before the hearing date. Unless otherwise directed by the court, they are also served on the adult.

How to serve notice of an application to become a private committee on the PGT

Please submit your application and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at stalegal@trustee.bc.ca for assistance.

Fees

The PGT charges a fee of $525.00 ($500.00 plus 5% GST) to review a private committee application. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.

PGT’s review of the application

Once the PGT is served with the court materials, we review the application and the requirements of the Act to make comments and recommendations to the court about your appointment as private committee. Our recommendations are based on many different factors, including:

• Whether the adult has executed a nomination of committee
• The sufficiency of medical evidence provided
• The sufficiency of the affidavit of kindred and fortune
• The choice and qualification of the proposed committee
• The necessity for both a committee of person and committee of estate
• The availability of less intrusive alternatives to appointing a committee
• Security considerations, including bonding and restrictions on access to assets (For more information, see Bond requirements and Restrictions)
• Pending litigation involving the adult
• Legal fees and costs

Once we complete the review of your application, we file our Response to Petition with the court for its consideration.

The court order

Once the court appoints you as private committee for an incapable adult, your authority begins immediately. The terms, and any restrictions, of the committee’s appointment are outlined in the court order. Your lawyer will provide you with copies of the court order. For more information, see The court order.

Once you are appointed, you are required under section 10(1) of the Patients Property Act to submit accounts regarding the management of the adult’s finances to the PGT on an ongoing basis. For more information, see Submitting your accounts to the PGT as a private committee.

Acting as private committee for incapable adults who live outside of B.C. but have assets in B.C.

If you are a private committee (or equivalent) in another Canadian province for an incapable adult who has assets (e.g. money, house) in B.C. that require a legal authority in B.C. to be dealt with, and you are in a situation where a financial institution or a Land Title office in B.C. is not recognizing your authority, you must request an Order in Council (OIC) to manage the adult’s assets in B.C. in accordance with section 31(1) of the Patients Property Act.

To request an OIC, you must be the person appointed as the equivalent to a committee of estate (i.e. trustee) in another Canadian province. If there are joint committees/trustees appointed in another province, they should be seeking a joint appointment of their authority in B.C. by OIC.

Committeeship by OIC is only available to the committee/trustee that was appointed within Canada. At present, the PGT does not charge for the service of reviewing these applications.

Required documents for the application

• Copy of the authority under which the current committee/trustee is administering the adult’s affairs in the other province
• Supporting documentation from the original application for the equivalent of committee of estate appointment. This must include at least one medical affidavit which sets out the reason why the adult is incapable, and ensuring they meet the definition of a “patient” under the Patients Property Act
• If the authority was granted quite some time ago and the adult’s mental health status may have changed, an updated medical opinion of the adult’s mental capacity is required in order to determine if the person would qualify as a “patient” within the meaning of the Patients Property Act
• If the purpose of the OIC is to obtain authority in B.C. to deal with real property, the Order from the other province must originally allow the trustee to sell/deal/purchase real property. If dealing with real property, the full legal and civic address of the property is required and the full name(s) of the registered owner(s) including any “A.K.A (also known as)”s (especially if the real property shows the patient as the registered owner, but the name is not exactly the same as the name of the adult in the court order appointing the trustee). A copy of the Land Title search for the B.C. property is very helpful in facilitating this process
• Cover letter explaining details as to why the OIC is required, including the adult’s full name and current address. If the adult lives in a facility, the name and address of the facility

PGT’s review of the documents

• Once the PGT has received all required materials and supporting documents, we will prepare a submission on your behalf and request that the legislative Cabinet issue an OIC. In reviewing the materials and information provided, the PGT may contact you with additional questions and for updated information, depending on the circumstances.

Approval of OIC

The approval of the OIC will take 8 to 10 weeks, as the order must be scheduled for review and approval at an upcoming Cabinet meeting, prior to a later signing by the Lieutenant Governor. Once the OIC has been approved and signed, the PGT will provide you with a certified-true copy that can be used to deal with the adult’s assets in B.C.

How to submit the documents to the PGT

Please submit your documents online. If you are not able to submit online or run into any difficulties making your submission, please contact us at stalegal@trustee.bc.ca for assistance.

Fees

There is no fee for this service.