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

Committeeship is often considered a last resort, due to its formal nature and the high threshold of evidence required to prove incapacity. If your loved one is no longer capable of managing their affairs and there is no legal decision-maker in place, contact us today at (604) 767-9529 or click here to schedule a consultation.