When a loved one becomes incapable of managing their affairs, families often face the difficult decision of whether to seek a committeeship order under British Columbia’s Patients Property Act. These orders authorize an individual (the “committee”) to make decisions on behalf of an incapable adult (the “patient”), either regarding their personal care, their financial affairs, or both.
While the intent of committeeship is to protect vulnerable individuals, the process is not always straightforward. Disputes frequently arise (particularly among family members) about who should serve as committee, how decisions should be made, or whether the adult is incapable. These conflicts can be emotionally charged and legally complex.
What Is Committeeship?
Before diving into the disputes themselves, it’s essential to understand the legal framework. In British Columbia, the Patients Property Act allows the Supreme Court of British Columbia to declare a person incapable of managing their personal or financial affairs due to mental infirmity or disorder. Once that declaration is made, the court appoints a committee, typically a close family member, friend, or the Public Guardian and Trustee (PGT), to act on their behalf.
There are two kinds of committeeship:
- Committee of the Estate, which gives authority over financial and legal matters.
- Committee of the Person, which grants authority to make decisions about health care, living arrangements, and personal welfare.
The court’s primary focus is on the best interests of the patient, and that principle guides its decisions throughout the process.
Common Sources of Committeeship Disputes
While each committeeship case is specific to its own facts, there are certain types of disputes most commonly seen in these matters.
Who Should Be Appointed as Committee
This is the most frequent and contentious type of committeeship dispute. When multiple family members apply to become committee, the court must choose the person best suited to the role. Factors considered include:
- The applicant’s relationship with the patient
- Their history of involvement in the patient’s care
- Their financial acumen (if applying to manage the estate/the patient’s property)
- Whether they can be trusted to act impartially and in the patient’s best interest
Disagreements often emerge when one family member believes another is unsuitable, due to estrangement, financial conflicts of interest, or a history of misconduct. In more extreme cases, allegations of elder abuse or financial mismanagement may be raised, further complicating the proceeding.
Allegations of Undue Influence or Elder Abuse
Where there are signs that a vulnerable adult has been influenced or manipulated by a caregiver or relative, families may resist committeeship or object to the appointment of a particular person. Courts take such allegations seriously and will carefully examine the circumstances leading up to the application, including any suspicious changes in financial patterns, living arrangements, or estate plans.
Evidence of undue influence may also prompt competing litigation, such as estate claims or actions under the Wills, Estates and Succession Act (WESA). These parallel proceedings can delay or complicate the committeeship process.
Disputes Over Capacity
Sometimes, family members disagree about whether a loved one is incapable. The Patients Property Act requires two medical opinions confirming incapacity before the court will declare someone a patient. However, the interpretation of capacity can be subjective and may depend on the specific decisions in question.
If one party produces contradictory medical evidence or argues that the individual has fluctuating or situational capacity, the court may need to conduct a more thorough hearing. This can be distressing for the alleged patient and may prolong the legal process.
Disagreements Over Care and Living Arrangements
Once a committee is appointed, conflicts may still arise, especially if the committee includes a sibling or child of the patient and others in the family disagree with their decisions. Common areas of friction include:
- Decisions about whether the patient should remain at home or be moved to a care facility
- Choice of caregivers or care providers
- Medical treatment decisions, including palliative care
- Allocation of estate funds for personal comfort, vacations, or gifts
If family members believe the committee is acting unreasonably or contrary to the patient’s wishes, they may apply to the court for oversight, removal, or replacement of the committee.
Financial Transparency and Mismanagement
Committees managing the estate of a patient have fiduciary duties and must maintain accurate records, avoid conflicts of interest, and act prudently. Despite these obligations, disputes commonly arise over:
- Suspicion of misappropriation of funds
- Lack of financial transparency or reporting
- Use of estate funds for the committee’s own benefit
These concerns often trigger court reviews or applications for an accounting. In severe cases, the court may remove the committee or refer matters for investigation by the Public Guardian and Trustee of BC.
How the Court Resolves Committeeship Disputes
In committeeship matters, the court functions as the final arbiter of what is in the patient’s best interests. Unlike other legal disputes, the court does not simply pick the “better” applicant. Instead, the judge must determine who will provide the most stable, ethical, and compassionate care for the incapable adult.
Best Interests Standard
Courts weigh a number of considerations, including:
- The wishes of the patient (if known or ascertainable)
- The past and present relationship between the patient and potential committee
- The applicant’s ability to manage financial and legal matters competently
- Whether the appointment would minimize disruption and stress for the patient
- The existence of any conflicts of interest or history of financial abuse
When family conflict is high or no suitable individual is available, the court may appoint the Public Guardian and Trustee as committee, either permanently or until a more appropriate family member can be identified.
Evidentiary Requirements
The court requires:
- Two affidavits from qualified medical professionals attesting to the individual’s incapacity
- Affidavits from the applicant(s) outlining their relationship to the patient, proposed plan of care, financial management experience, and position on any disputes
Opposing parties can submit their own affidavits and evidence to challenge the application or propose alternative candidates. In some cases, the court may order cross-examination, a judicial interview of the patient (if feasible), or appoint counsel to represent the patient’s interests.
Role of the Public Guardian and Trustee
The Public Guardian and Trustee may play multiple roles in committee litigation. They can investigate allegations of elder abuse or neglect and review the patient’s accounts and financial records to ensure fiduciary compliance. They also act as a neutral third-party committee when family dynamics are too fraught.
If the PGT becomes involved, its recommendations often carry significant weight with the court.
Avoiding Disputes Through Early Planning
While some committeeship disputes are unavoidable, many can be mitigated or prevented through proactive planning. Adults should be encouraged to prepare enduring powers of attorney and representation agreements while they are still capable. These tools allow individuals to designate trusted persons to manage their affairs without the need for court involvement.
Putting the Patient First
Committeeship litigation in British Columbia is often emotionally charged and legally complex, especially when families disagree over who should step in to care for a vulnerable loved one. The court’s primary goal is not to reward family loyalty or resolve long-standing personal grievances. It is to ensure that the incapable adult receives the protection, care, and dignity they deserve.
Meridian Law Group: Trusted Vancouver Committeeship Lawyers
Whether seeking to be appointed to a committee, challenging a proposed appointment, or navigating ongoing disputes about a loved one’s care or finances, it is essential to consult a law firm with experience in committeeship and elder law litigation. Meridian Law Group is here to help. For over three decades, our firm has provided trusted advice and skilled advocacy in committeship matters and estate litigation. Our experienced committeeship lawyers represent clients on either side of committeeship matters. We provide compassionate, strategic representation rooted in a deep understanding of British Columbia’s adult guardianship laws and court processes. Contact us today to schedule a confidential consultation by calling (604) 687-2277 or reach out online.
