British Columbia Law
Guardianship and Representation for Adults in BC — What Happens When Someone Loses Capacity?
The Two Paths When an Adult Loses Capacity in BC
When a British Columbian adult loses the mental capacity to make their own decisions — through dementia, a serious accident, a stroke, or other causes — someone needs to step in to make decisions on their behalf. In BC, there are two very different systems for how that happens, and which system applies depends almost entirely on whether the person planned ahead.
If you planned ahead, a Representation Agreement (made under the *Representation Agreement Act*) gives a person you trust — your Representative — the legal authority to act for you in the areas you specify.
If you did not plan ahead, and you lose capacity, someone who wants to act for you must apply to the BC Supreme Court to be appointed as your Committee — a lengthy, expensive, and intrusive process that you have no control over.
Understanding the difference between these two paths is the strongest argument for planning ahead.
Representation Agreements — Planning While You Can
A Representation Agreement (RA) is a legal document made by an adult while they still have the capacity to do so. It appoints one or more people as your Representative(s) and gives them authority to act on your behalf if and when you become incapable.
BC's *Representation Agreement Act* provides for two types of Representation Agreement:
Section 7 — Basic Representation Agreement
A Section 7 RA covers basic personal care and routine financial matters. It can include authority over:
- Minor health care (routine medical and dental treatment)
- Personal care (where you live, what you eat, your daily routine)
- Receiving and spending limited funds for personal needs
The threshold for capacity to make a Section 7 RA is intentionally low — it can be made by adults who may have limited decision-making ability, as long as they understand the basic nature of what they are signing and trust their Representative. This is designed to help people who may already have some cognitive decline but can still express their wishes.
Section 9 — Extended Representation Agreement
A Section 9 RA gives much broader authority:
- Major health care decisions (including refusing life-sustaining treatment)
- Decisions about significant financial matters, legal matters, and business affairs
- Any other matter specified in the agreement
Because of the broad scope of a Section 9 RA, the capacity requirements are higher — the maker must have capacity equivalent to what is required to make a contract. For most adults who plan ahead while still healthy, a Section 9 RA is the appropriate choice. It is often made alongside a Power of Attorney (which covers financial matters) and a Will, as part of a complete estate plan.
The Role of the Public Guardian and Trustee
BC's Public Guardian and Trustee (PGT) is a government office that protects the legal and financial interests of adults who lack capacity and have no one to act for them, and of children who are owed money or property. The PGT can be appointed as Committee in appropriate circumstances, and it oversees Representation Agreements to ensure they are being used properly.
If you believe a Representative is abusing their authority, the PGT is one avenue for raising a complaint.
Committees — When There Is No Plan
If an adult loses capacity without having made a Representation Agreement (or a Power of Attorney for financial matters), and a family member or other person needs legal authority to manage their affairs, they must apply to the BC Supreme Court to be appointed as Committee.
A Committeeship proceeding involves:
- Filing a formal petition with the BC Supreme Court
- Medical evidence establishing that the adult lacks capacity
- Notice to the adult and other family members
- A hearing before a judge
- If appointed, ongoing reporting requirements to the court (annual accounts, plans of management)
The process is slow — typically taking several months at minimum — and expensive, often costing several thousand dollars or more in legal fees alone. During the time the application is pending, no one has clear legal authority to act for the incapacitated person — banks will not accept instructions, medical providers may be cautious, and urgent decisions may go unmade.
Once a Committee is appointed, they do not have free rein. They must follow the court's directions, maintain detailed accounts, and report annually. The supervision is significant. This is the system's safeguard against abuse — but it is also a major administrative burden, and it comes at a time when families are already dealing with the emotional weight of a loved one's incapacity.
Why Planning Ahead Is Critical
The contrast between the two paths could not be starker:
| | Representation Agreement | Committee |
|---|---|---|
| When made | While capable (planning ahead) | After incapacity (reactive) |
| Who decides who acts? | You | The court |
| Cost to set up | Modest legal fees | Thousands in court fees and legal costs |
| Time to activate | Immediate — already in place | Months of court process |
| Ongoing court oversight | None (unless abuses arise) | Ongoing annual reporting |
| Your voice in the matter | Full — you chose this person | None — you have already lost capacity |
A Representation Agreement costs a fraction of a Committee application to prepare, and it can be made in an afternoon with the help of a lawyer. The peace of mind it provides — for you and your family — is immeasurable.
A Complete Incapacity Plan
For most BC adults, a complete incapacity plan includes three documents:
- A Representation Agreement (Section 9) — for personal care and health care decisions
- An Enduring Power of Attorney — for financial and legal decisions (separate document, similar benefits)
- A Will — for what happens to your estate after death
These three documents work together to ensure that your wishes are known and your loved ones have the legal authority to act — without having to go to court at the worst possible moment.
Andrew Liggett has helped BC families put these plans in place for 35 years. The best time to act is while you are healthy and the choice is still entirely yours.
*This article is general information about BC estate law. It is not legal advice. Contact Sea to Sky Law™ for a confidential consultation.*
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.