March 28, 2023
Articles
what is a committeeship?
Committeeship is a legal process in British Columbia that allows a court to appoint a person, called a committee, to manage the financial and personal affairs of another person who is unable to do so themselves. This could be due to a mental or physical disability, a disease such as dementia, or other circumstances that make it difficult or impossible for the person to manage their own affairs. In this blog post, we will discuss the committeeship process in British Columbia.
Who can be appointed as a committee?
The court can appoint an individual, such as a family member or friend, to act as a committee, or it can appoint a professional, such as a lawyer or accountant. The Public Guardian and Trustee may also be appointed as a committee in certain situations. The court will consider the best interests of the person who needs a committee when making its decision.
How is a committeeship established?
To establish a committeeship in British Columbia, an interested person, such as a family member or friend, can make an application to the court. The application must include a medical certificate that confirms the person is unable to manage their own affairs. The court will review the application and may appoint a temporary committee while it considers the application.
If the court approves the application, it will issue a committee order that outlines the powers and responsibilities of the committee. The committee will be responsible for managing the person’s financial and personal affairs, which could include paying bills, managing investments, and making medical decisions.
What are the responsibilities of a committee?
The committee has a fiduciary duty to act in the best interests of the person who needs a committee. This means that they must manage the person’s affairs with honesty, integrity, and care. They must keep accurate records of all transactions and report to the court annually on the person’s financial and personal status.
The committee must also follow any specific instructions or limitations set out in the committee order. For example, the court may limit the amount of money the committee can spend without court approval or require the committee to obtain medical advice before making certain decisions.
How can a committeeship be terminated?
A committeeship can be terminated if the person is no longer incapable of managing their own affairs or if the committee is no longer able to perform their duties. The person, their family members, or the committee can apply to the court to terminate the committeeship.
The committeeship process in British Columbia is an important legal tool that can help to protect the interests of vulnerable individuals who are unable to manage their own affairs. It should not be taken lightly. A committee must be prepared to take their role and responsibilities seriously. If you are considering applying for a committeeship, it is important to consult with a lawyer who can advise you on the process and your responsibilities as a committee, as the process can be quite complex
This article is intended to be informative and does not replace or constitute legal advice. No lawyer-client, advisory, or fiduciary or other relationship is created by viewing this article.
If you have questions about committeeship, or questions about another legal matter, contact Zachary Dallman for a complimentary consultation. You can book a consult through www.macushlaw.ca using our booking system or contact Zachary at [email protected] or 778.653.6163.