In the first part of our two-part blog series on contested committeeships in British Columbia, we examined the role of a committee and how courts select a committee for a person’s estate. In this second part, we review some of the issues around legal costs and conflicts of interest. We also answer some frequently asked questions about committeeship in BC.
Who pays the legal costs of a committeeship application?
Usually, the patient pays. The court commonly orders “special costs”, meaning the applicant’s legal fees are paid out of the patient’s estate, in recognition that the application is brought in the patient’s best interests to assist with their affairs. That said, costs do not always follow. An applicant may be denied costs where they had an ulterior motive in bringing the application, or where the court finds the applicant to be in a conflict of interest.
What contested committeeships mean for BC families
Because the Patients Property Act offers no ranking of who should serve, a contested committeeship turns entirely on the court’s assessment of the patient’s best interests. For families, the practical lesson is twofold. First, the surest way to keep these decisions out of court is to sign a valid power of attorney and representation agreement while capacity remains. Second, when an application is unavoidable, the applicant most likely to succeed is the one who is close to the patient, free of any conflict of interest, and able to present a credible, cost-conscious plan of care. Conduct that suggests self-dealing, such as resisting a necessary sale of the patient’s home or accepting gifts the patient cannot afford, can be decisive against an applicant even where that person is otherwise a natural choice.
If you are considering an application, opposing one, or concerned that a committee or attorney is not acting in a loved one’s interests, Meridian Law Group can advise on applying to be committee and on removing a committee who is no longer suitable.
Frequently Asked Questions About Committeeships in BC
What is the difference between committee of the person and committee of the estate?
Committee of the person has authority over the patient’s health and personal care decisions, while committee of the estate has authority over the patient’s financial and legal affairs. One person can hold both roles, or the court can appoint different people to each.
Do you need a doctor’s opinion to appoint a committee in BC?
Yes. Under the Patients Property Act, an applicant must file affidavits from two medical practitioners confirming that the patient is incapable of managing their affairs and explaining the reason for the incapacity before the court will make an order.
Can a power of attorney avoid the need for a committee?
Often, yes. A valid power of attorney and a representation agreement, signed while the person still has capacity, let a trusted person manage financial and health decisions without a court application. A committeeship is usually needed only when no such documents exist or when they are being challenged.
Who decides between two family members who both want to be committee?
The court decides based on the best interests of the patient. It weighs factors such as each applicant’s relationship with the patient, their plan of care, whether they have any conflict of interest, and whether they are likely to consult the rest of the family, as illustrated in Baker-MacGrotty v. Baker.
Who pays for a committeeship application?
The patient’s estate usually pays the applicant’s legal fees through an order for special costs because the application is brought for the patient’s benefit. Costs may be refused where the applicant has an ulterior motive or is in a conflict of interest.
Contact Meridian Law Group for Trusted Committeeship and Estate Advice in Vancouver
Committeeship disputes are among the most sensitive matters a family can face, arising at a time when a loved one is most vulnerable. The estate litigation lawyers at Meridian Law Group advise families on committeeship applications, removing a committee or attorney, powers of attorney, and elder law concerns. From the prominent Nelson Square Building in downtown Vancouver, the firm has advocated for clients across British Columbia for more than three decades, including in West Vancouver, North Vancouver, Coquitlam, Penticton, Kelowna, Richmond, New Westminster, Burnaby, Surrey, Langley, and White Rock. To discuss your matter, please call (604) 687-2277 or contact us online.
About the author, Sarah MacDonald. Sarah MacDonald is a litigation lawyer at Meridian Law Group in Vancouver. She earned her Juris Doctor from the Allard School of Law at the University of British Columbia and was called to the British Columbia Bar in 2025, after joining the firm in 2024. She holds an Honours Specialization in International Relations from Western University (2021), was the 2023 recipient of the Marlee G. Kline Essay Prize and represented Allard at the 2024 BC Law Schools Competitive Moot. Sarah practices in general civil litigation, including insurance law, personal injury, commercial litigation, property matters, and estate litigation, and has appeared before the Provincial Court and the Supreme Court of British Columbia. She is a member of the Canadian Bar Association and the Law Society of British Columbia. Read her full bio at meridianlawgroup.ca/lawyers/sarah-mcdonald.
