Adult Guardianship
Adult Guardianship
INFORMATION TO GET STARTED
Fact sheets are in PDF format – you can read online or print.
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Adult Guardianship (called Committeeship in BC) applies in situations when an adult needs assistance making decisions and informal help is not sufficient and there is no legal planning document (like a Representation Agreement) in place.
Some effects of Adult Guardianship/Committeeship:
- The adult loses his or her decision-making rights. This is sometimes called ‘civil death.’
- In the legal realm, the adult becomes a non-person.
- The adult will likely have a guardian/committee for the rest of his or her life; adult guardianship is difficult to reverse.
With personal planning, you can prevent the need for Adult Guardianship/Committeeship. You can make one or more legal documents in advance to authorize those you trust to assist you or if necessary to act on your behalf if your mental capability is called into question.
Most important, in B.C., a Representation Agreement with authorities from section 7 (RA7) was designed to be a legal alternative to Adult Guardianship/Committeeship for adults who have cognitive difficulties.
An adult may make an RA7 even if they cannot manage their own affairs or make decisions independently and they have cognitive difficulties.
In B.C., Adult Guardianship/Committeeship is the last resort; and alternatives including the RA7 must be explored first. To find RA7 forms provided by Nidus click RA Forms
Click to read the Adult Guardianship fact sheet for more details and examples of private guardianship (court-appointed) and public guardianship (when the PGT takes over).
There are two ways adult guardianship can happen in BC – by COURT appointment or by LEGISLATION:
1) COURT: Someone (usually a spouse or family member) hires a lawyer to apply to the Supreme Court to be appointed the adult’s private committee (guardian). This is also called Committeeship. Sometimes the Public Guardian and Trustee might be appointed by the court as private committee.
There are two types of court appointments (court-orders): 1) committee of estate (for financial and legal matters); and 2) committee of person (for health care and personal care matters).
OR
2) LEGISLATION: The Public Guardian and Trustee (a government official) can become the adult’s statutory property guardian. This means they take over an adult’s financial and legal affairs through a bureaucratic process outlined in legislation – not through the court. This requires a Certificate of Incapability be signed by a designated health care provider. Click to read Rights to End Statutory Property Guardianship – and how to avoid it.
Guardianship of adults by legislation is also called public guardianship or statutory property guardianship.
LINKS TO LEGISLATION
Patients Property Act
