British Columbia Law

Adult Guardianship in BC: What It Means and How It Works

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

When a family member loses the ability to make decisions — due to dementia, a stroke, a serious accident, or another condition — the people who love them often don't know where to turn. In British Columbia, the legal answer may be adult guardianship, which allows a court to appoint someone to make decisions on that person's behalf.

What Is Adult Guardianship in BC?

In BC, adult guardianship is governed primarily by the *Patients Property Act* and the *Adult Guardianship Act*. When a court determines that an adult is incapable of managing themselves or their financial affairs, it can appoint a committee — a person or organisization authorized to act on their behalf.

There are two types of committee:

• Committee of person — makes decisions about health care, living arrangements, and personal welfare
• Committee of estate — manages financial and legal affairs

A court may appoint one or both, depending on the individual's needs.

When Does Guardianship Apply?

Guardianship through the courts is typically a last resort, used when:

• The adult has lost capacity and has no valid Representation Agreement or Enduring Power of Attorney in place
• The documents that exist are being challenged or are inadequate for the situation
• The adult's safety or finances are at immediate risk
• A financial institution or care facility requires legal authority before acting

If valid planning documents exist — a Representation Agreement (for personal and health decisions) or an Enduring Power of Attorney (for financial decisions) — guardianship proceedings may not be necessary.

The Committee Application Process

Applying to become a committee in BC involves:

1. Filing a petition in BC Supreme Court under the *Patients Property Act*
2. Obtaining medical evidence — typically two medical opinions confirming the adult's incapacity
3. Serving the adult and other interested parties — including family members who may wish to respond
4. Attending a court hearing — a judge reviews the evidence and decides whether to grant the order
5. Ongoing reporting — a committee of estate must file annual accounts with the Public Guardian and Trustee of BC (PGT)

The process takes several months and involves legal fees and court filing costs. The PGT can also act as committee when no suitable family member is available.

Alternatives to Guardianship

Before pursuing a court application, consider whether these tools are available:

• Representation Agreement (Section 7 or Section 9) — allows an adult to name someone to make health-care and personal decisions while they still have capacity, or in some cases with diminished capacity (Section 7)
• Enduring Power of Attorney — allows an adult to name someone to manage financial and legal affairs, effective even after incapacity
• Supported decision-making — a less restrictive approach where trusted people help the adult understand choices without removing their decision-making rights
• Health care consent — in some situations, a spouse or family member can provide health-care consent under the *Health Care (Consent) and Care Facility (Admission) Act* without a formal committee appointment

What to Do If You're Concerned About a Family Member

If you believe a family member is losing capacity, the time to act is before a crisis:

• Encourage them to put a Representation Agreement and Enduring Power of Attorney in place while they still can
• Contact a BC lawyer experienced in elder law or estate planning
• If they have already lost capacity and have no documents, speak with a lawyer about whether a committee application is necessary

Adult guardianship is a serious legal step — one that removes an adult's autonomy. Courts impose it only when satisfied it's necessary and in the adult's best interests.

Sea to Sky Law Can Help

Andrew Liggett has helped BC families navigate incapacity planning and, where necessary, committee applications. Whether you're planning ahead or managing a crisis, the earlier you get proper advice, the more options you have.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.