When a person loses the ability to manage their own affairs and does not name someone to act for them in advance, a family member often must ask the court to step in. Often referred to as adult guardianship, incapacity, or power of attorney, in British Columbia, the correct term for a person appointed to make those decisions is called a committee, and the process is governed by the Patients Property Act. When more than one family member wants the role, or when relatives cannot agree on who is best suited, the appointment becomes contested and the court must decide.

In this first part of our two-part blog series on contested committeeship matters, the estate litigation team at Meridian Law Group explains what a committee is, how one is appointed, and what the court looks for when it chooses between competing applicants.

What is a committee?

A committee is a person granted authority by the court to manage another person’s affairs because that person, referred to as the “patient”, cannot do so on their own. The incapacity may stem from dementia, mental illness, a brain injury, a condition arising from birth, or any other cause.

A committee’s authority can extend to the patient’s health decisions, their financial decisions, or both. These are known respectively as committee of the person and committee of the estate. Frequently one person is appointed committee of both person and estate, but the court can also appoint separate people to each role, appoint a committee over only one area, or appoint multiple people to act together as co-committees.

The need for a committee usually arises because the incapable person never granted anyone authority over their medical and financial decisions, whether through a power of attorney or a representation agreement, while they still had the capacity to do so. Putting those documents in place while capable is the most reliable way to avoid a committeeship application later.

How is a committee appointed in British Columbia?

A committee can only be appointed by a court order, and the court must first be satisfied that the patient is incapable of managing their own affairs. To establish incapacity, the applicant must file affidavits from two medical practitioners stating that the patient is incapable and setting out the reason for their infirmity.

The person applying to be committee must also swear an affidavit describing the patient’s assets, debts, residence, and care, along with their plan for managing the patient’s affairs once appointed.

The Public Guardian and Trustee of British Columbia (the “PGT”) reviews every committeeship application to protect incapable people in the province and to ensure they are not being taken advantage of. The PGT recommends appropriate restrictions on the committee’s authority to the court. After appointment, the committee owes reporting and accounting obligations to the PGT to demonstrate that the patient’s funds are being used for the patient’s benefit, and the PGT publishes a handbook that outlines those responsibilities.

Notice of the application must be given to the patient and to their next of kin. In some cases, the next of kin agree to the appointment and file a consent. Although a patient is not always able to understand the documents they are served with, the requirement to serve the patient is a safeguard that allows those with sufficient capacity to contest the appointment.

What is a reasonable care plan?

A reasonable care plan is one that meets all of the patient’s needs while managing their assets prudently and with an eye to cost. A committee should be cautious about letting the patient’s funds deteriorate significantly. The patient’s condition may improve so that they regain capacity, in which case they would be disadvantaged by a depleted estate; equally, their condition may persist for a long time, in which case they will need resources to support them for years to come.

What a reasonable plan looks like depends on the circumstances. In some cases, caring for the patient means selling assets such as the patient’s home in order to reduce expenses and free up liquid funds to support care in a long-term facility. It may also involve paying down debt and investing the patient’s money sensibly. When investing, a committee is held to the same standard as a trustee under the Trustee Act.

What factors does the court consider when appointing a committee?

The court’s overriding question is what appointment is in the best interests of the patient. The Patients Property Act itself provides no criteria for choosing a committee, so the courts have developed a list of considerations through the case law. They include:

• Whether the appointment reflects the patient’s wishes, formed while the patient was capable;
• Whether immediate family members agree with the appointment;
• Whether there is conflict among family members, or between the family and the patient, and whether the proposed committee would consult the immediate family about the patient’s care;
• The proposed committee’s previous involvement with the patient, with family members usually preferred;
• The proposed committee’s understanding of the patient’s situation and their ability to cope with future changes;
• Whether the proposed committee will provide love and support to the patient;
• Whether the proposed committee is best placed to manage the patient’s financial affairs for the patient’s benefit;
• Whether the proposed committee has breached a fiduciary duty to the patient or acted in a way that diminishes confidence in their ability to handle the patient’s affairs;
• Who is best able to advocate for the patient’s medical needs;
• Whether the proposed committee has a suitable plan of care and management and is best able to carry it out;
• Whether dividing responsibility for the person and the estate between different people would serve the patient’s best interests;
• Whether the proposed committee lives near the patient and can provide transportation if needed;
• Whether outside demands on the proposed committee’s time will detract from their duties; and
• Whether the proposed committee is willing to support any recreation or religious practice the patient wishes to continue.

Not every factor applies in every case. These considerations carry the most weight when the court is choosing between competing applicants who cannot agree on who should serve. Ultimately, whatever the court considers to be in the patient’s best interests prevails.

Meridian Law Group: Contested Committeeship Lawyers in British Columbia

In the second part of this blog series, we discuss the costs of committeeship and also answer some frequently asked questions about this complex topic.

Disputes over who should manage an incapable adult’s personal, medical, or financial affairs can raise difficult questions for families. The committeeship lawyers at Meridian Law Group assist clients with contested committeeship applications, committee of the person and committee of the estate disputes, and proceedings under the Patients Property Act. If you are applying to be appointed as a committee, opposing another person’s appointment, or dealing with a disagreement about the care or financial management of an incapable adult, contact Meridian Law Group online or call (604) 706-1062 to discuss your circumstances and the committeeship process in British Columbia.

About the author, Sarah MacDonald. Sarah MacDonald is a Vancouver litigation lawyer with Meridian Law Group. She joined the firm in 2024 and was called to the British Columbia Bar in 2025 after completing her Juris Doctor at the University of British Columbia’s Allard School of Law. Sarah previously earned an Honours Specialization in International Relations from Western University in 2021. During law school, she received the Marlee G. Kline Essay Prize in 2023 and represented Allard in the 2024 BC Law Schools Competitive Moot. Her civil litigation practice spans insurance disputes, personal injury claims, commercial and property litigation, and estate matters. Sarah has appeared before both the Provincial Court and the Supreme Court of British Columbia. She belongs to the Canadian Bar Association and the Law Society of British Columbia.