Committeeship is British Columbia’s system of legal guardianship as set out in the Patients Property Act. This legislation has been around for a long time and is based on outdated ideas of capability. It is also very intrusive. Unfortunately efforts by citizens and professionals to reform this Act were not successful. However, the consensus to make it the last resort is now part of the government’s approach.

Did someone suggest you apply for Committeeship for a relative?

Representation Agreements were created as an alternative to guardianship. The law says everyone may make a Representation Agreement, even if they need help now to manage their own affairs. Before you apply for Committeeship, contact the Resource Centre to discuss alternatives.

See the Publications section for more about how to make a Representation Agreement with someone who needs help now.


More about Committeeship

The Patients Property Act outlines procedures for someone to be appointed by the court as your guardian or Committee (pronounce kaw-me-tay) and to take over your affairs. If you:
• are 19 years or older, and
• need assistance managing your affairs, and
• did not make a legal Plan to give authority to someone you choose…

The Committee might be a family member, a friend or the Public Guardian and Trustee (a government official).


Making and registering a legal Future Care Plan is an alternative to guardianship. It is a way to stay in charge of who you want to manage your affairs if you need assistance. It avoids extra costs and government involvement in your personal affairs. For more about making your own legal Plan, see the Publications section.

More details about Committeeship
There are two kinds of Committee:
1) Committee of Estate, which takes over your financial and legal matters.
2) Committee of Person, which takes over your health and personal care matters.

There are two different ways that your affairs can be taken over by a Committee:
1) a court process
2) a Certificate of Incapability

More about the court process
The court process is when someone, usually a family member or friend, applies to the court to be appointed the Committee. This involves hiring a lawyer.

The court process can cost $3,000 to $5,000 and may take a few months.

The court first has to find you incapable and will then appoint someone as your Committee.

A Committee of Estate must submit financial reports on a regular basis to the Public Guardian and Trustee (a government official) for review and approval. The PGT charges a fee for the review.

It is very difficult to reverse a court-ordered Committee (and expensive). Even if someone needs help now to manage their affairs, a Representation Agreement may be an alternative to court. See the Publications section.

More about the Certificate of Incapability
When a health professional determines that a patient is not mentally capable and there appears to be no legal Plan in place, the health professional might arrange for a Certificate of Incapability to be done.

A Certificate of Incapability is a form signed by a psychiatrist, a director of a designated mental health facility or a designated health authority staff in the community. The form is submitted to the Public Guardian and Trustee’s Office. This allows the PGT to take over someone’s financial and legal affairs until the patient is discharged from care.

One of the problems with the Certificate process is that there is no court hearing and no appeal process.

People with mental illness or people with dementia are especially vulnerable to a Certificate of Incapability being issued.

The way to prevent this from happening is to make and register a legal Future Care Plan to say who you choose to manage your financial and health care matters if you need assistance due to illness, accident or disability. For more, see the Publications section.