The private committee role

A private committee is anyone other than the Public Guardian and Trustee (PGT) who manages the affairs of an adult who is not capable to manage on their own. Private committees are appointed by the court and are governed under the Patients Property Act. Most often, private committees are family members or friends.

For more information about becoming a private committee, see Applying to be a private committee.

There are two kinds of private committee:

Committee of estate: A committee of estate is the person appointed to take care of an adult’s legal and financial affairs when an adult cannot make decisions on their own. For example, an adult may have dementia or a severe mental health issue that stops them from paying their bills or dealing with legal issues. A committee may manage income and expenses, take care of investments, operate the adult’s bank accounts or maintain property.
Committee of person: A committee of person is the person appointed to make decisions about health care and living arrangements as the adult may not be able to take care of themselves and may be at risk of other people taking advantage of them. A committee of person may make decisions about where the adult should live, health care or who can visit the adult.

It is important to note that unless the court order granting the committeeship states differently, the appointment of a committee means that any power of attorney or representation agreements are no longer in effect.

It is common for someone to serve as both committee of person and committee of estate.

Your primary obligation as committee is to act in the best interest of the adult for whom you are committee. To do this, you must exercise judgment and use your discretion for the benefit of the adult.

The PGT can support you in this role. Contact your committee review officer if you have questions or concerns about a particular decision. They can not make decisions for you, but they can provide advice, answer questions or suggest resources to help inform your decisions. For more information, see The role of the PGT for private committees.

Common terms used in this guide

Adult: A person whom the court has declared incapable of managing their affairs or person
Committee (pronounced Kaw-mi-TEE): The person appointed by the court to manage the affairs or person of someone incapable of managing their affairs or person
Estate: All of the assets and liabilities held by a particular person
- An asset is something that a person owns. It could be real property, jewellery or a stock, including cash
- A liability is something that a client owes. A debt to be paid like a mortgage or an amount owing on a credit card

Co-committees

Sometimes the court appoints more than one committee to manage an adult's financial affairs or personal health care decisions. Unless the court order says otherwise:

Co-committees have equal rights and responsibilities to manage the adult's affairs
Co-committees are jointly responsible and are expected to work together

The role of a private committee

As private committees you have vast powers. You make important decisions that impact the adult’s health and financial well-being. Also, you are expected to manage the adult’s affairs as though they will recover and resume management of their affairs. This is different from an executor or administrator, whose role is to administer the estate or will of someone who has died.

As committee, you are legally obligated to act in the adult's best interest. This can be challenging and complicated. When making decisions about their personal or financial affairs, you must involve the incapable adult as much as reasonably possible. The court relies on you to use your judgment, but there are rules and guidelines that determine how you should perform your duties. For more information, see How to foster independence and decision making as a private committee.

Legislation relating to private committeeship

Legislation that provides guidelines for private committees includes the Patients Property Act, the Public Guardian and Trustee Act, and the Trustee Act.

Patients Property Act

This is the provincial law that gives the Supreme Court of British Columbia the authority to appoint committees. The act uses the word “patient” to describe an adult who can no longer manage their affairs. The act sets out the procedure for applying for a committeeship order and defines the committee’s authority. It also gives the court the power to restrict your authority as committee. These restrictions are stated in the court order appointing you committee. The act also requires you to maintain proper records and to submit your accounts to the PGT for review and approval.

Public Guardian and Trustee Act

Under this act and the Patients Property Act, the PGT is authorized to:

Investigate concerns regarding private committees and others who have an impact on the incapable adult
Review and pass accounts of private committees of estate, and set the fee amount a private committee can take from the adults estate for serving as committee
Request information about health and residence decisions made by the committee of person
Authorize access to assets restricted by a court order
Take measures to protect the adult, or their assets, in urgent cases where there is evidence that the adult’s welfare is at risk
Act as committee when the private committees are no longer able to act

Trustee Act

As committee of estate you are considered a trustee when you invest the adult’s money. The Trustee Act outlines the approach you should take in making investment decisions. These guidelines help you to make sure that the adult's estate is protected from unreasonable risk. For more information, see Managing investments as a private committee.

Responsibilities and the position of trust

In addition to the specific requirements contained in the Patients Property Act, you are required to act reasonably and prudently. You are expected to act in the best interests of the person for whom you are committee.

Examples of acting reasonably and prudently are:

Managing the adult's money with a cost-conscious approach
Getting more than one quote for services or purchases. You should keep copies of the quotes in your records so you have evidence to support your accounts
Using qualified experts to help you manage the adult's estate. Qualified experts can include property appraisers, accountants, and financial advisors

For more information, see Managing investments as a private committee.

Committees are considered fiduciaries. A fiduciary is a person who holds a position of trust to advise and act in the best interests of another person. Being a fiduciary does not only relate to financial matters. For example, a lawyer is a fiduciary because the lawyer's clients expect the lawyer to act in their best interest at all times. As a committee, the court has placed you in a position of trust to act in the best interest of the adult for whom you are committee. Therefore, when making decisions about their affairs, you must place their interests before your own.

The court order

The court order gives you the authority to protect and secure the property of and/or the person for whom you are committee. The order will also state any restrictions on your authority. For example, the court order may say that you cannot sell any of the adult's real property without the permission of the PGT. You must follow the court order.

Your lawyer will give you copies of the court order appointing you as committee. This is your direct authority to act as committee. It remains in effect until:

Another order says otherwise
An executor or administrator is appointed after the adult's death

You may need certified or notarial copies of your order from your lawyer or the registry. Some institutions, for example banks, may require a certified copy.

While you are committee, the adult's circumstances may change. The terms of the court order may no longer allow you to act in the adult's best interest. For example, the adult may need an increased level of care. The cost of this care may be more than the adult's estate can afford without access to restricted assets. You may need legal advice to go back to court to change your court order.

Aspects of an adult’s life a committee does not have authority over

Committees of estate or person do not have the authority to:

Contract marriage for the adult
- A committee may however continue divorce proceedings
Vote in elections for the adult
Draw up a new will
Change the existing will
Make estate planning decisions such as:
- Change beneficiaries on insurance policies or Registered Retirement Savings Plans (RRSPs)
- Register assets in joint names
- Place funds in trust
Act for the adult in criminal proceedings in which the adult is an accused:
- As committee you may retain a lawyer for the adult
Make a representation agreement, power of attorney or an advance instructional health care directive for the adult

Confidentiality of the adult

The adult’s personal information is protected under the Freedom of Information and Protection of Privacy Act. This includes any information about the adult's finances and medical history. This information is only available to:

The PGT
The adults' current committee or co-committee
The adult
The executor or administrator of the adult's estate

Fees

The fees the PGT charges for providing private committee services, such as passing accounts, reviewing legal applications or conducting investigations, are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for adult services.

The role of the PGT for private committees

The Public Guardian and Trustee’s Private Committee Services (PCS) department helps private committees understand their role and responsibilities. Also, the PCS department monitors and reviews the activities of private committees and investigates concerns as required. We do this by:

Answering questions and providing information
Regularly reviewing accounts submitted by committees about managing the adult's financial, health and personal affairs
Undertaking investigations when concerns are identified or reported

The PGT is authorized under:

Under this authority, the PGT reviews and monitors all private committees in B.C. and is authorized to:

Investigate concerns regarding private committees or others involved with the adult
Review and pass accounts submitted regularly by private committees of estate
Set the amount a private committee can be paid for their services to the adult, if applicable
Act as committee for adults when the private committees are no longer able to do so

How to report concerns about a private committee

If there are concerns that a private committee is not acting in an adult's best interests, please contact us at PCSAdmin@trustee.bc.ca.

The following steps happen when a report is made:

A letter is sent to the person who reports the concern confirming the receipt
We may call the person who reports the concern to clarify details
An assessment occurs and we determine if an investigation is needed or not; either way we follow up with the person who reported the concern

Important note: To conduct our investigation, specific issues raised in the report may need to be discussed with the committee or others. We do not disclose the identity of the reporter. Your identity is protected under section 17(3) of the Public Guardian and Trustee Act. The information reported is protected by the Freedom of Information and Protection of Privacy Act. This is true even if the report does not result in an investigation.

Advice services

Contact your committee review officer if you have questions about your role as committee. They can not make decisions for you, but they can provide general advice, answer questions or suggest resources to help inform your decisions.

The private committee services department can also help you set up your online account and answer any questions about our online services. You can contact our department at 604-660-1500 or PCSAdmin@trustee.bc.ca