BC Adult Guardianship and Committeeship: When No Representation Agreement Exists

The Gap Nobody Plans For

Your parent has advanced dementia. They never signed a Representation Agreement or an Enduring Power of Attorney. Now the bank won't let you access their accounts. The health authority needs consent to admit them to a care facility. And nobody in the family has the legal standing to do either.

This is the most common legal crisis in BC elder care, and it has no quick fix. Without advance planning documents, families face either the Temporary Substitute Decision Maker (TSDM) process for health care decisions, or a Supreme Court of BC committeeship application for broader authority — including financial management.

Temporary Substitute Decision Maker (TSDM)

For health care decisions only — including consenting to care facility admission — BC law provides a default mechanism when no Representation Agreement exists. The Health Care (Consent) and Care Facility (Admission) Act establishes a statutory priority list of who can act as the Temporary Substitute Decision Maker:

1. Spouse or common-law partner
2. Adult child
3. Parent
4. Sibling
5. Grandparent, grandchild, aunt, uncle, niece, nephew

The health care provider identifies the highest-ranking available person on this list and asks them to act as TSDM. No court application is needed. The TSDM can consent to the specific health care decision at hand — including admitting the parent to a long-term care facility.

The catch: TSDM authority is limited to health care and personal care decisions. It doesn't cover finances. If your parent's bank accounts need to be managed, bills paid, or real estate sold to fund care, TSDM authority won't help.

When You Need a Committeeship

A committeeship (BC's term for what other provinces call guardianship) is a Supreme Court order that grants a person legal authority over an incapable adult's personal care, financial affairs, or both. It's the path of last resort when:

• No Representation Agreement or Enduring Power of Attorney was signed before the parent lost capacity
• Financial decisions need to be made (TSDM doesn't cover finances)
• Family members disagree about who should make decisions, and the TSDM priority list doesn't resolve the conflict
• The Public Guardian and Trustee has been appointed by default, and the family wants a family member to take over

The Committeeship Application Process

Applying for committeeship through the Supreme Court of BC involves several steps:

Medical evidence — The application must establish that the parent is incapable of managing their person, estate, or both. The court may order an examination by one or more medical practitioners; confirm the current evidence and forms required for the application.

Court petition — The applicant files a petition in Supreme Court, supported by the medical affidavits, a proposed care and financial management plan, and an affidavit from the applicant explaining why committeeship is necessary and why less restrictive alternatives are insufficient.

Notice to interested parties — Notice of an application to appoint a committee must be served on the patient and the Public Guardian and Trustee. The application also includes an affidavit of kindred and fortune identifying close relatives. This is where family disputes often surface — a sibling who objects to the appointment can file a response, potentially turning a straightforward petition into a contested hearing.

Court hearing — A judge reviews the petition, medical evidence, and any objections. If granted, the order specifies the scope of authority — some committeeships cover finances only, others cover personal care and health care as well.

Costs — Legal fees for an uncontested committeeship application vary by complexity and lawyer. Contested applications involving family disputes can run significantly higher. The committee (the person appointed) may also be required to provide security and account for the administration of the adult's affairs, with the Public Guardian and Trustee reviewing accounts where required.

The Public Guardian and Trustee (PGT) as Default

When no family member is available or willing to act, and no advance planning documents exist, the Public Guardian and Trustee of British Columbia steps in. The PGT has statutory authority to make health care decisions and manage finances for incapable adults who have no other representative.

The PGT's involvement is sometimes temporary — bridging the gap while a family member applies for committeeship — and sometimes permanent. The PGT charges fees for its services, calculated as a percentage of the adult's income and assets.

For care facility admission specifically, the health authority can refer directly to the PGT when no TSDM is available and there is no committee or representative. The PGT's Incapability Assessment for Care Facility Admission portal handles these referrals.

The Section 7 Alternative

There is a middle path that many families overlook. Even after a parent has lost the traditional cognitive capacity to sign contracts, they may still be able to execute a Section 7 Representation Agreement under the Representation Agreement Act.

Section 8 of the Act sets a lower capability threshold: the adult can sign a Section 7 agreement if they can express a desire to have a representative, demonstrate specific choices and preferences, or show feelings of approval or disapproval toward the proposed representative. A parent with moderate dementia who can still recognize family members and nod agreement may qualify.

A Section 7 agreement is cheaper and faster than a committeeship, and it avoids court entirely. But it has limitations — the representative cannot manage real estate, open joint bank accounts, or make legal decisions about wills or separation. For families who primarily need someone authorized for health care decisions and basic financial management (pension deposits, bill payments), a Section 7 agreement may be sufficient.

Nidus Personal Planning Resource Centre provides free guidance and templates for Section 7 agreements.

Planning Before the Crisis

Every one of these pathways — TSDM, committeeship, PGT involvement, Section 7 agreements — exists because the simpler options weren't put in place earlier. A Section 9 Representation Agreement and an Enduring Power of Attorney, signed while your parent still has full capacity, cover both health care and financial authority without a court application; professional drafting or registration can still involve fees.

The BC Continuing Care Guide includes step-by-step instructions for putting these documents in place, along with scripts for the conversations that families find hardest to start.

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