When a loved one loses the mental capacity to manage their finances or make important personal decisions, families are often faced with an urgent question: what happens next?

In British Columbia, if an adult is no longer capable of managing their own affairs and does not have a valid Enduring Power of Attorney and/or Representation Agreement in place, it may be necessary to apply to the court for a committeeship order.

One of the first questions families ask is how much the process costs and how long it will take. Unfortunately, there is no single answer. Every situation is different, and the cost and timeline depend on a number of factors.

What Is Committeeship?

A committee is a person appointed by the court to make decisions on behalf of an adult who has lost capacity.

Depending on the circumstances, the committee may be responsible for:

• Managing finances and paying bills
• Selling or dealing with real estate
• Filing income tax returns
• Managing investments
• Making healthcare and personal care decisions
• Determining living arrangements

When Is a Committeeship Application Necessary?

A committeeship application may be required when:

• A loved one has dementia, Alzheimer’s disease, or another cognitive impairment.
• An adult has suffered a brain injury, stroke, or serious illness affecting their capacity to make decisions.
• No valid Enduring Power of Attorney or Representation Agreement is in place.
• Existing planning documents are unavailable, inadequate, or no longer meet the person’s needs.
• Financial, healthcare, or personal decisions need to be made on behalf of the adult.
• Property needs to be sold, refinanced, transferred, or otherwise dealt with, but the adult is no longer capable of signing the necessary documents.
• Financial institutions, government agencies, care providers, or other organizations require legal authority before accepting instructions from family members.

How Long Does the Process Take?

Every case is different, but uncontested committeeship applications typically take approximately 4 to 6 months from start to finish. However, much of the timeline depends on factors outside of the lawyer’s control, particularly the availability of physicians and the time required to gather information about the incapable adult’s affairs.

Once the necessary medical evidence and court materials have been completed, the court hearing can often be scheduled within approximately one month.

How Much Does a Committeeship Application Cost?

Most uncontested committeeship applications involve legal fees, medical evidence, filing fees, and other disbursements.

In our experience, legal fees for an uncontested committeeship application are typically in the range of $7,500 to $10,000. Once medical evidence and court fees are included, the total cost is often approximately $10,000 to $12,500.

Contested applications can be significantly more expensive depending on the issues involved and the amount of evidence required.

What Affects the Cost and Timeline?

1. Medical Evidence

A committeeship application requires medical evidence from two physicians regarding the individual’s capacity.

The cost of obtaining these opinions varies considerably. Some family physicians charge several hundred dollars, while others charge several thousand dollars. Where specialist assessments are required, the cost can be substantially higher.

In most cases, one of the opinions should come from the individual’s family physician, as they are often best positioned to comment on the person’s medical history and cognitive decline over time. However, depending on the circumstances, the pool of available physicians may be limited. For example, where a loved one resides in a care facility, assessments are often completed by physicians who attend that facility as part of their practice.

In more complex cases, such as those involving unusual medical conditions, conflicting diagnoses, or questions regarding fluctuating capacity, it may be necessary to obtain an opinion from a specialist. This can increase both the cost and timeline of the application.

The time required to obtain these reports also varies. Some physicians complete the necessary materials quickly, while others may require several months.

2. Complexity of the Individual’s Affairs

The applicant must provide detailed information regarding the individual’s assets, debts, income, expenses, family circumstances, and proposed care plan.

Where financial information is readily available, this process can be relatively straightforward. In other cases, gathering the required information can take considerable time.

The more complex the individual’s finances, business interests, investments, or property holdings, the more work is generally required to prepare the court materials.

One challenge frequently encountered is that family members often do not have access to all of the individual’s financial records. In some cases, it may be impossible to obtain complete information until after a committee has been appointed and granted the legal authority to access accounts and records. Where this occurs, we are often able to proceed with the application based on the information available at the time, with additional information being provided after the appointment is made.

As a result, both the cost and timeline of the application can be significantly affected by the complexity of the individual’s affairs and the availability of financial information.

3. Whether the application is contested

Not all family members may agree on who should make decisions for a loved one.

Sometimes multiple individuals seek appointment as committee, or seek to be appointed for different purposes (for example, one person seeking authority over financial decisions and another seeking authority over personal and healthcare decisions). In other situations, concerns may be raised by family members or by the  Public Guardian and Trustee of BC (PGT) regarding the proposed committee or care plan.

When an application is contested, the court may require additional evidence regarding the incapable adult’s circumstances, wishes, care needs, and the suitability of the proposed committee. This can involve additional affidavits, witness evidence, examinations, and court appearances.

As a result, contested applications typically take longer and cost significantly more than uncontested matters. While uncontested applications can often be estimated with reasonable accuracy, the cost and timeline of a contested application are much more difficult to predict and will depend on the number of parties involved, the issues in dispute, and the amount of evidence required for the court to make a decision.

If the application is not contested by family members or the PGT, the process is generally much more straightforward. A court hearing is still required, but it can often be scheduled relatively quickly and the evidence is typically provided by affidavit, meaning witnesses do not need to attend court. In our experience, legal fees for an uncontested committeeship application are typically in the range of $7,500 to $10,000. Once medical assessments, court filing fees, and other disbursements are included, the total cost is often approximately $10,000 to $12,500.

Contested applications can be significantly more expensive. Additional evidence, witness preparation, court appearances, and hearing time may all be required. While every case is different, it would not be unusual for legal fees alone to exceed $10,000 for each day of a contested hearing, in addition to any other costs and disbursements incurred throughout the proceeding.

Who Pays the Legal Fees?

It is common for the court to order that a successful applicant’s legal fees be paid from the estate of the incapable adult.

Because the applicant generally pays legal fees before being appointed, we typically request a retainer at the outset of the file. Once appointed, the committee is often able to reimburse themselves from the incapable adult’s funds, subject to the court order and the circumstances of the case.

Still Have Questions?

We regularly assist families throughout British Columbia with committeeship applications and would be pleased to discuss your specific circumstances. Please contact our office at 604.853.0774 to schedule a consultation with a member of our Estate Litigation Team.

• More information on planning for incapacity and the differences between power of attorneys, representation agreements and committeeship applications can be found by clicking here. 
• More information on hourly billing at RDM can be found by clicking here.
• More information on what a committee is and their responsibilities can be found in the PGT’s Private Committee Handbook available here.