Committeeship Applications
Committeeship Applications
When an adult becomes mentally incapable of managing their financial, legal, or personal affairs—and has not appointed a Power of Attorney or made a Representation Agreement—the only legal recourse may be to apply to the Supreme Court of British Columbia for an order appointing a committee. This process is known as a committeeship application and is governed by the Patients Property Act.
What Is a Committeeship?
A committee is a person or institution appointed by the court to make decisions on behalf of an adult who has been declared mentally incapable. The adult in question is referred to as a “patient” under the Patients Property Act.
There are two types of committees:
- Committee of the Estate
manages the adult’s financial, legal, and property matters
- Committee of the Person
makes decisions regarding health care, personal care, and living arrangements
One individual may be appointed for both roles, or separate individuals may be appointed for each.
When Is a Committeeship Application Needed?
A committeeship application is typically required when:
An adult has lost mental capacity due to dementia, stroke, brain injury, mental illness, or other conditions
There is no valid Power of Attorney or Representation Agreement in place
Financial institutions, care facilities, or government agencies require court-authorized authority before allowing decisions to be made on the adult’s behalf
Disputes arise among family members about who should be making decisions for the adult
Book a Consultation Today
If you are considering or responding to a committeeship application under the Patients Property Act, Pax Law Corporation can assist with committeeship matters before the Supreme Court of British Columbia. Please complete the form below to request a consultation.