What Is Committeeship and How to Apply for It in British Columbia

Navigating legal matters involving a loved one’s mental health or ability to manage their own affairs can be challenging. For families in British Columbia, the concept of committeeship offers a way to ensure that someone with diminished capacity receives the care and oversight they need.

Align Family Law, with offices in Victoria and Kimberley, has helped guide families through this complex process with a compassionate approach. Our team is committed to making sure that families feel supported and protected every step of the way.

In this blog, we’ll break down the essentials of committeeship, explain how to apply for it in British Columbia, and discuss how a Victoria family law lawyer can support you during this process.

Committeeship is a legal arrangement that grants an individual (or individuals) the authority to make decisions on behalf of someone who is mentally incapable of making certain decisions independently. In British Columbia, committeeship can cover two types of decision-making powers:

• Committeeship of the Person: Involves decisions about personal and healthcare matters, including daily living arrangements, medical treatments, and other personal needs.
• Committeeship of the Estate: Involves financial and legal decisions, such as managing income, property, investments, and paying bills.

For families, applying for committeeship is often necessary when a loved one is diagnosed with a condition that affects their cognitive abilities, such as dementia, Alzheimer’s disease, or a severe mental health disorder.

If your loved one can no longer make decisions independently, they may be at risk of neglect or financial exploitation. Committeeship allows a trusted individual, usually a family member, to protect the well-being and assets of the person in need. 

Without a formal arrangement like committeeship, family members may face legal challenges in accessing financial accounts, making healthcare decisions, or even arranging for in-home care.

In British Columbia, an individual or multiple individuals can apply to become a committee. Typically, this person is a close family member, such as a spouse, adult child, or sibling.

However, in some cases, a trusted friend or even a professional (like a public guardian or trustee) can be appointed.

The applicant must be:

• At least 19 years old
• Demonstrably capable of fulfilling the responsibilities of a committee
• Able to act in the best interests of the person for whom they are applying

Applying for committeeship in British Columbia involves several steps and legal requirements. A lawyer familiar with family law can help ensure that your application is completed correctly and in compliance with provincial law.

The first step is to determine whether committeeship is necessary. Consider other options, such as a power of attorney or representation agreement, that may already be in place or suitable.

If no such arrangements exist and your loved one is incapable of making these decisions, committeeship may be the right path.

For the application to proceed, you must obtain proof of the person’s mental incapacity. This generally involves two medical opinions that confirm the individual’s inability to make decisions independently.

The assessment should address the person’s inability to manage either their personal or financial affairs, depending on the type of committeeship you seek.

The next step involves preparing and filing several legal documents, including:

• Petition to the Court: This document formally requests the court’s permission to appoint a committee.
• Affidavits of Medical Opinion: The medical evidence obtained in step two is attached as affidavits to support your petition.
• Statement of Proposed Committee: You’ll need to detail why you or the individual applying would make a suitable committee.

In many cases, additional documentation and evidence may be required to demonstrate the necessity of committeeship.

Once you’ve prepared the required documents, you will submit your application to the British Columbia Supreme Court. The court will review the application, assess the evidence, and consider any objections from other family members or concerned parties.

At the hearing, the judge will review the application, medical affidavits, and any other relevant documents. The judge may ask questions to ensure that committeeship is in the best interest of the individual. If approved, the judge will issue an order granting committeeship.

A family law lawyer can be particularly helpful during this step by preparing you for the hearing and addressing any legal questions that may arise.

Once appointed, the committee takes on significant responsibilities, which may include:

• Making Personal Care Decisions: Ensuring the individual has appropriate healthcare, living arrangements, and quality of life.
• Managing Finances: Paying bills, managing bank accounts, overseeing investments, and safeguarding assets.
• Reporting to the Court: In some cases, committees must submit periodic reports detailing financial decisions or changes in the person’s health and well-being.

Given the complexity and weight of these responsibilities, having a lawyer familiar with committeeship can help the committee remain compliant with all legal requirements.

The process of applying for committeeship can be legally complex and emotionally challenging. Align Family Law is experienced in handling cases like these with a collaborative approach that minimizes stress for families. We understand the intricacies of the law in British Columbia and will guide you every step of the way, from gathering medical documentation to preparing court petitions.

If you’re considering committeeship for a loved one, we can help ensure that your loved one’s best interests are safeguarded. Contact us online or by calling (250) 940-3599.