If a person loses their mental capacity to manage their financial, legal, administrative, or business affairs, their loved ones can apply for Committeeship. You can make this application for your family member if they have not prepared a Power of Attorney, Representation Agreement, or other related documents.
Cube Law helps you go through the legal process of receiving Committeeship in British Columbia. Our lawyers are well-versed in the local law and will guide you in taking care of your loved one.
In most cases, Committeeship continues until the probate grant is approved. Then, the appointed administrator or executor will take over and handle the concerned affairs instead of the Committee.
While a Committee of estate deals with legal, financial, and administrative affairs, a Committee of a person is all about handling healthcare and personal care matters.
If your loved one has lost mental capacity without preparing a POA or a representation agreement, you can approach our lawyers to receive Committeeship in Surrey or other BC regions.
There are two major types of Committeeship in British Columbia: Committeeship of a person and that of an estate.
The entire Committeeship process relies on the concerned person’s mental incapacity. It all starts when they are medically proven to be incapable of making decisions on their own.
The BC court requires two separate affidavits from qualified medical professionals to confirm anyone’s mental incapacity. These documents should contain a clear diagnosis of the patient, stating the condition they suffer from.
The procedure will only continue if the court acknowledges the person’s incapacity.
At this stage, your Committeeship lawyer in Surrey will help you fill out a formal Committeeship application. You need to file it in the BC Supreme Court to apply for Committeeship.
Your lawyer will help you draft or gather these for your application:
The BC law requires a Committeeship application to be served to all concerned parties to ensure complete transparency. Lawyers ensure that the following parties are officially notified:
A PGT plays an important role in a Committeeship application in BC. They will review your application and confirm if it has the necessary documents and evidence.
A PGT also checks if the prospective committee is suitable for the respondent’s well-being. They work to protect the respondent’s rights and assets throughout the process.
Finally, the PGT will submit a written recommendation to the BC Supreme Court. They may support the application, reject it, or ask for changes.
After receiving the PGT’s recommendation, the Supreme Court judge decides the application’s fate. If they grant the order, the committee immediately receives the right to look after the respondent and perform the required tasks.
A Committeeship is appropriate if a person is no longer mentally capable of managing their estate and/or personal health without preparing a representation agreement or POA. Their family member(s) can then ask for a Committeeship.
The barrier to entry for Committeeship is high because the decision is not made by the person whose affairs need to be managed. The application is made by someone from their family. The government needs to ensure that the Committee will use the power wisely without misusing it.
Committeeship is a voluntary action and does not receive any payment in most cases. People receiving Committeeship may be entitled to some benefits in certain cases. For example, people occupying positions like Company Directors will receive their fees.
It is always advisable to hire a lawyer for Committeeship in BC. The process is stricter and more expensive than getting a Power of Attorney or Representation Agreement. Your lawyer will keep you informed and prevent you from committing any errors along the way.
Cube Law Corporation can help you through the legal process known as Committeeship. This is generally viewed as a last resort and is only necessary when the person did not establish a power of attorney, representation agreement, or similar legal document while they were still capable. When compared to creating a power of attorney, Committeeship can be more expensive and burdensome, often requiring regular reporting of financial decisions to the Public Guardian and Trustee’s Office. Typically, Committeeship remains in effect until a grant of probate is finalized, at which point an Executor or Administrator takes over from the appointed Committee.
