Adult Guardianship (15:V) - Revision history

LSLAP at 19:30, 13 October 2025

2025-10-13T19:30:14Z

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	{{REVIEWED LSLAP \| date= ~~September 2, 2024~~}}		{{REVIEWED LSLAP \| date= 9 August 2025}}
	{{LSLAP Manual TOC\|expanded = guardianship}}		{{LSLAP Manual TOC\|expanded = guardianship}}
	In BC, a person or the Public Guardian and Trustee (the “PGT”) may be appointed to manage the legal, financial and/or personal and health care decisions for another person.		In BC, a person or the Public Guardian and Trustee (the “PGT”) may be appointed to manage the legal, financial and/or personal and health care decisions for another person.

LSLAP: /* 4. Discharge of a Committee */

2025-09-29T00:25:09Z

4. Discharge of a Committee

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	==== a) Rescission of a Committee ====		==== a) Rescission of a Committee ====
	On application by the Attorney General, the PGT, or any other person, a judge may rescind the appointment of a person (other than the PGT) appointed as committee (PPA s 6(2)). The rescission is subject to the committee complying with the requirement to pass accounts set out in s 13 of the PPA. This application may be filed along with an application for a new committee. This process cancels the committee’s authority to act for the patient.		On application by the Attorney General, the PGT, or any other person, a judge may rescind the appointment of a person (other than the PGT) appointed as committee (''PPA'' s 6(2)). The rescission is subject to the committee complying with the requirement to pass accounts set out in s 13 of the ''PPA''. This application may be filed along with an application for a new committee. This process cancels the committee’s authority to act for the patient.

	==== b) Discharge of a Committee ====		==== b) Discharge of a Committee ====
	If a person regains their mental capability and ceases to be a “patient,” that person, or the committee (other than the PGT), may apply to the court for the discharge of the committee (PPA s 12). Notice in writing of this application must be provided to the PGT 10 days prior to the application.		If a person regains their mental capability and ceases to be a “patient,” that person, or the committee (other than the PGT), may apply to the court for the discharge of the committee (''PPA'' s 12). Notice in writing of this application must be provided to the PGT 10 days prior to the application.
	The judge who hears the application may, and shall if asked by the PGT, order the committee to pass accounts. The order declaring the person capable may also discharge the committee upon passing accounts or upon receipt of a waiver of that requirement from the adult. There will almost always be outstanding accounts.		The judge who hears the application may, and shall if asked by the PGT, order the committee to pass accounts. The order declaring the person capable may also discharge the committee upon passing accounts or upon receipt of a waiver of that requirement from the adult. There will almost always be outstanding accounts.

	Once the committee is discharged, the committee has no further powers or duties with respect to the estate of the person who has ceased to be a patient (PPA s 13(4)(a)).		Once the committee is discharged, the committee has no further powers or duties with respect to the estate of the person who has ceased to be a patient (''PPA'' s 13(4)(a)).

	:'''NOTE:''' At this time there is no section under the ''PPA'' governing the discharge of the PGT as committee.		:'''NOTE:''' At this time there is no section under the ''PPA'' governing the discharge of the PGT as committee.

	==== c) Release from Liability ====		==== c) Release from Liability ====
	A discharged committee is released from liability concerning the management of the estate except in respect of undisclosed acts, neglects, defaults, or accounts, or where the committee was dishonest or unlawful in their conduct (PPA s 13(4)(b)). Disagreement between the person who has ceased to be a patient and the committee regarding management of the estate would mitigate against the discharge of the committee. In essence, if a former patient regains capacity, they can hold the committee to account for how they have managed the patient’s assets while the patient was incapable. If their concerns are legitimate, the committee may not be discharged from liability for those decisions and actions.		A discharged committee is released from liability concerning the management of the estate except in respect of undisclosed acts, neglects, defaults, or accounts, or where the committee was dishonest or unlawful in their conduct (''PPA'' s 13(4)(b)). Disagreement between the person who has ceased to be a patient and the committee regarding management of the estate would mitigate against the discharge of the committee. In essence, if a former patient regains capacity, they can hold the committee to account for how they have managed the patient’s assets while the patient was incapable. If their concerns are legitimate, the committee may not be discharged from liability for those decisions and actions.


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LSLAP: /* c) Remuneration */

2025-09-29T00:24:38Z

c) Remuneration

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	==== c) Remuneration ====		==== c) Remuneration ====
	Under s 14 of the PPA, a person is allowed “reasonable” compensation from the patient’s estate for services rendered as committee. However, a person does not have to claim compensation. The amount of compensation is fixed on the passing of the accounts to the PGT.		Under s 14 of the ''PPA'', a person is allowed “reasonable” compensation from the patient’s estate for services rendered as committee. However, a person does not have to claim compensation. The amount of compensation is fixed on the passing of the accounts to the PGT.

	If the PGT acts as the committee of estate, its fees are charged in accordance with the Public Guardian and Trustee Fees Regulation. Fees may be reduced or waived where the PGT is satisfied that hardship or injustice would result from charging the full fee (PGT Fees Regulation s 3).		If the PGT acts as the committee of estate, its fees are charged in accordance with the Public Guardian and Trustee Fees Regulation. Fees may be reduced or waived where the PGT is satisfied that hardship or injustice would result from charging the full fee (PGT Fees Regulation s 3).

	A committee has a first lien upon the estate of the patient or the person who has ceased to be a patient (PPA s 14(4)).		A committee has a first lien upon the estate of the patient or the person who has ceased to be a patient (''PPA'' s 14(4)).

LSLAP: /* b) Powers */

2025-09-29T00:24:14Z

b) Powers

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	==== b) Powers ====		==== b) Powers ====
	The committee of the estate has all the same rights, powers, and privileges over the patient’s estate as the patient would have if they had legal capacity (PPA s 15). This includes the power to buy and sell property, open and/or close bank accounts, pay accounts etc. These powers include that would have been exercisable by the patient as a trustee, guardian of a person, holder of power of appointment or as the personal representative of a person (PPA s 17). For example, if the patient was acting as personal representative to their spouse prior to incapacity, the committee would now have the responsibility to make decisions for the spouse under the Representation Agreement. However, the court has discretion to place limits on any powers that the committee could otherwise perform (PPA s 16). In such a case, any powers that were limited by the court would fall to the PGT to monitor.		The committee of the estate has all the same rights, powers, and privileges over the patient’s estate as the patient would have if they had legal capacity (''PPA'' s 15). This includes the power to buy and sell property, open and/or close bank accounts, pay accounts etc. These powers include that would have been exercisable by the patient as a trustee, guardian of a person, holder of power of appointment or as the personal representative of a person (''PPA'' s 17). For example, if the patient was acting as personal representative to their spouse prior to incapacity, the committee would now have the responsibility to make decisions for the spouse under the Representation Agreement. However, the court has discretion to place limits on any powers that the committee could otherwise perform (''PPA'' s 16). In such a case, any powers that were limited by the court would fall to the PGT to monitor.

	A committee of the person has the “custody of the person” of the patient. This means the committee is responsible for the person’s welfare and well-being.		A committee of the person has the “custody of the person” of the patient. This means the committee is responsible for the person’s welfare and well-being.

	For investing money, a committee is a trustee within the meaning of the Trustee Act (PPA, s 15(2)), which means a committee must comply with the provisions of this Act when it comes to investing the patient’s money. For example, the committee must meet a certain standard of care in making investment decisions and their freedom to delegate such investment decisions is limited.		For investing money, a committee is a trustee within the meaning of the ''Trustee Act'' (''PPA'', s 15(2)), which means a committee must comply with the provisions of this Act when it comes to investing the patient’s money. For example, the committee must meet a certain standard of care in making investment decisions and their freedom to delegate such investment decisions is limited.

	If a patient (as opposed to the committee) transfers their property while incapable, for instance, by selling land or giving a gift, the transfer will be voidable (i.e. deemed to never have occurred at the option of the committee), unless full and valuable consideration was paid for the property, or a reasonable person would not have known that the adult was incapable (AGA s 60(2)).		If a patient (as opposed to the committee) transfers their property while incapable, for instance, by selling land or giving a gift, the transfer will be voidable (i.e. deemed to never have occurred at the option of the committee), unless full and valuable consideration was paid for the property, or a reasonable person would not have known that the adult was incapable (''AGA'' s 60(2)).


	:'''NOTE:''' An Enduring Power of Attorney or representation agreement is terminated when a person becomes a “patient” by being declared incapable of managing their affairs by court order (PPA s 19). Therefore, the authority of a court order committee will never conflict with that conferred by a power of attorney. Where a committee is appointed under the AGA statutory property guardianship rules, any EPOA or s 7 RA for routine financial affairs is suspended (PPA s 19.1).		:'''NOTE:''' An Enduring Power of Attorney or representation agreement is terminated when a person becomes a “patient” by being declared incapable of managing their affairs by court order (''PPA'' s 19). Therefore, the authority of a court order committee will never conflict with that conferred by a power of attorney. Where a committee is appointed under the ''AGA'' statutory property guardianship rules, any EPOA or s 7 RA for routine financial affairs is suspended (''PPA'' s 19.1).

	==== c) Remuneration ====		==== c) Remuneration ====

LSLAP: Authorized LSLAP changes

2025-09-23T23:36:33Z

Authorized LSLAP changes

Show changes

LSLAP: Authorized LSLAP changes

2025-09-23T05:39:55Z

Authorized LSLAP changes

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	* Conducting banking		* Conducting banking
	* Paying expenses		* Paying expenses
	* Selling real property		* Selling real property.

	==== b) Committee of the Person ====		==== b) Committee of the Person ====
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	::(b) By order, to require the person to undergo an additional examination with either:		::(b) By order, to require the person to undergo an additional examination with either:
	::::(i) One or more medical practitioners other than those whose affidavits were before the court, or		::::(i) One or more medical practitioners other than those whose affidavits were before the court, or
	::::(ii) A board of 3 or more medical practitioners designated by the College of Physicians and Surgeons of British Columbia at the request of the court		::::(ii) A board of 3 or more medical practitioners designated by the College of Physicians and Surgeons of British Columbia at the request of the court.
	:5. Notice of the application to the courts must be personally served on the subject '''not less than 10 days prior''' to the date of the application hearing. See s 2(2) of the ''PPA''. This requirement may be waived if the court is satisfied that to serve notice of the application would injure the subject’s health or would otherwise be inadvisable in the interests of the subject.		:5. Notice of the application to the courts must be personally served on the subject '''not less than 10 days prior''' to the date of the application hearing. See s 2(2) of the ''PPA''. This requirement may be waived if the court is satisfied that to serve notice of the application would injure the subject’s health or would otherwise be inadvisable in the interests of the subject.
	:* In order for a waiver of notice to be granted, there must be a medical affidavit advising the court that it would be injurious to the health of the adult to be served with notice of the application. The affidavit must demonstrate this clearly and provide evidence~~, it~~ is not sufficient to simply restate the language of the statute. A discussion on this can be found in ''[https://www.canlii.org/en/bc/bcsc/doc/2000/2000bcsc24/2000bcsc24.html T.H.N et al v Q.V.L.]'', 2000 BCSC 24.		:* In order for a waiver of notice to be granted, there must be a medical affidavit advising the court that it would be injurious to the health of the adult to be served with notice of the application. The affidavit must demonstrate this clearly and provide evidence. It is not sufficient to simply restate the language of the statute. A discussion on this can be found in ''[https://www.canlii.org/en/bc/bcsc/doc/2000/2000bcsc24/2000bcsc24.html T.H.N et al v Q.V.L.]'', 2000 BCSC 24.

	In summary, the court application must include:		In summary, the court application must include:
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	* Chamber Order to Appoint a Draft Order		* Chamber Order to Appoint a Draft Order

	While it is not required to include consent of the next of kin, it is recommended~~. See~~ below.		While it is not required to include consent of the next of kin, it is recommended (see below).

	==== b) Resisting a Declaration of Incapability ====		==== b) Resisting a Declaration of Incapability ====

LSLAP: /* a) Assessment of Incapability */

2024-09-03T00:30:15Z

a) Assessment of Incapability

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	:::(ii) The adult or someone on behalf of the adult may request a second assessment within 40 days of being notified (''AGA'' s 60(2))		:::(ii) The adult or someone on behalf of the adult may request a second assessment within 40 days of being notified (''AGA'' s 60(2))

	See [~~http~~://www.trustee.bc.ca/~~reports~~-~~and~~-~~publications/Documents/A%20Guide%20to%20the%20Certificate%20of%20Incapability%20Process%20under%20the%20Adult%20Guardianship%20Act.pdf ''A Guide to the~~ Certificate of Incapability Process Under the Adult Guardianship Act''].		See A Guide to the [https://www.trustee.bc.ca/adults/certificate-incapability-process-healthcare-professionals Certificate of Incapability Process Under the Adult Guardianship Act].

	==== b) Reassessment of Incapability ====		==== b) Reassessment of Incapability ====

LSLAP at 00:21, 3 September 2024

2024-09-03T00:21:05Z

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	{{REVIEWED LSLAP \| date= ~~August 10~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= September 2, 2024}}
	{{LSLAP Manual TOC\|expanded = guardianship}}		{{LSLAP Manual TOC\|expanded = guardianship}}
	In BC, a person or the Public Guardian and Trustee (the “PGT”) may be appointed to manage the legal, financial and/or personal and health care decisions for another person.		In BC, a person or the Public Guardian and Trustee (the “PGT”) may be appointed to manage the legal, financial and/or personal and health care decisions for another person.

Clicklaw Editor: /* c) Release from Liability */

2023-08-15T20:37:49Z

c) Release from Liability

← Older revision		Revision as of 20:37, 15 August 2023
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Clicklaw Editor: /* i) Costs */

2023-08-15T20:36:54Z

i) Costs

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	Another recent case ''[https://www.canlii.org/en/bc/bcsc/doc/2020/2020bcsc87/2020bcsc87.html Horton (Re)]'', 2020 BCSC 87 is an example of the court deciding not to award costs in favour of either child who submitted competing applications for appointment as committee of the estate and person of their parent. Where committee petition is contested, costs payable from patient’s estate are not guaranteed to be granted to the applicants. In particular, competing petitions driven by animosity or power struggle may not be awarded the costs as explained in ''Horton (Re)''.		Another recent case ''[https://www.canlii.org/en/bc/bcsc/doc/2020/2020bcsc87/2020bcsc87.html Horton (Re)]'', 2020 BCSC 87 is an example of the court deciding not to award costs in favour of either child who submitted competing applications for appointment as committee of the estate and person of their parent. Where committee petition is contested, costs payable from patient’s estate are not guaranteed to be granted to the applicants. In particular, competing petitions driven by animosity or power struggle may not be awarded the costs as explained in ''Horton (Re)''.


	==== j) Public Guardian and Trustee (PGT) as Committee ====		==== j) Public Guardian and Trustee (PGT) as Committee ====