Committeeship in BC

Committee Lawyers in British Columbia

When a loved one becomes incapacitated or struggles to make decisions about personal and financial matters, it can be a challenging and overwhelming experience for the family. In the absence of estate planning documents like an enduring power of attorney or a representation agreement, families must apply to the court for a Committee order to enable a family member to make important decisions in the best interests of their incapacitated loved one.

Navigating the process can be complex, but the committee lawyers at Vest Estate Law are here to help. Our team can assist you in coordinating your application with the court and provide guidance on how to proceed.

Understanding the Patients Property Act in British Columbia

The Patients Property Act outlines the process of arranging decision-making responsibility for someone who has lost the capacity to make decisions due to sudden incapacitation, illness, or cognitive impairment. When there is no appointment of a representative through estate planning documents, the court must assign someone to manage the affairs of the incapacitated person.

Defining Capacity in British Columbia

In British Columbia, capacity is defined as the ability to understand information relevant to making a decision and the ability to appreciate the reasonably foreseeable consequences of making or not making a decision. Capacity is measured on a spectrum, and an individual may have the capacity to make some decisions but not others.

Types of Decisions Covered by the Patients Property Act

The Act primarily concerns decision-making in two key areas of life, person and estate:

1. Financial decisions – including buying, selling, or managing assets (Estate)
2. Personal decisions – including decisions about healthcare, living arrangements, social arrangements, education, employment, and legal proceedings (Person)

Decision-Making Options for Financial and Personal Matters

Depending on the circumstances, various options are available to the court to ease the situation for family members when a loved one has lost the capacity to make financial or personal decisions. These options include committee orders, supported decision-making, co-decision-making orders and specific decision-making orders.

Who Can Be Named as a Committee?

The role of committee carries significant responsibility. As such, only certain people will be appointed to fulfill this role for financial or personal matters for an incapacitated person. The appointed individual should know the represented adult, be trustworthy, have the capacity to make decisions, be at least 19 years old, and consent to act as the decision-maker. The Public Guardian and Trustee of British Columbia as well as next of kin must consent to the application for the appointment of a Committee.

How Can Vest Estate Law Help?

At Vest Estate Law, our lawyers can help you prepare and submit your application for a committee order. We will assist you in completing the necessary paperwork and filing all of the correct documents with the appropriate authorities. If you wish to avoid the need for a committee order, we can also help you create all of the necessary estate planning documentation.

To learn more about how we can support you and your family during this challenging time, schedule a one-on-one case evaluation with our team at Vest Estate Law.