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Estate Litigation: What Is Committeeship?

Estate Litigation: What Is Committeeship?

Committeeship is the authority granted by the Court which appoints one or more persons to attend to the personal and/or financial and legal affairs of an adult who is not capable of doing so (the “Patient”). This can occur because of lifelong issues, severe injuries from accidents, illnesses or the effects of aging. In British Columbia, committeeship is often required to assist individuals with aging parents who may no longer be mentally competent to care for themselves or to manage their own affairs.

How Committeeship Works

There are two basic methods for conferring adult guardianship through the process of committeeship. In some cases, family members or loved ones can attend a court hearing in the British Columbia Supreme Court to apply for private committeeship under the provisions of the Patients Property Act.

If no-one is readily available to be appointed committee, the role can be assumed by the Public Guardian and Trustee under specific legislation and the Patient’s affairs will be administered in accordance with set guidelines.

Generally, the appointed committee will attend to the financial and legal affairs of the Patient under the annual supervision of the Public Guardian and Trustee and/or will make decisions related to the Patient’s care, living arrangements and healthcare.  In British Columbia, committeeship is considered a last resort for individuals who do not have a valid Power of Attorney or Representation Agreement in place, who cannot care for themselves or their affairs and who need a guardian to act on their behalf.

Who Needs Committeeship?

Individuals who have experienced diminished mental capabilities or who are incapacitated due to an accident or a medical condition may benefit from having their legal and personal matters handled by a committee.

For example, in the case of an elderly parent with dementia who requires more care than his or her child can reasonably provide, committeeship could allow access to the parent’s assets so that steps can be taken to find the most suitable accommodation and access the most appropriate care for the elderly parent. In this case, committeeship will give the child the resources and authority to take the necessary steps in keeping with the best interests of the elderly parent.

As an established law firm in British Columbia, McQuarrie Hunter LLP offers comprehensive legal services and representation for a wide range of areas including estates and trust disputes, as well as extensive expertise in estate planning and administration, real estate transactions, business and commercial litigation, insurance cases, personal injury, and family law. Our team can also handle appeals and deal with paperwork to make things easier for business owners and individuals alike.

For more information, or to speak to one of our Estate Litigation Expertise, call 604.581.7001 or email [email protected].

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