If a parent in BC loses capacity without an enduring power of attorney, family members have no automatic authority over their finances. Here is how committeeship under the Patients Property Act works, when the Public Guardian and Trustee steps in, and what to check first.
A parent's memory is slipping, bills are going unpaid, and the bank will not talk to you. Then you discover there is no power of attorney in place.
BC has two main routes when that happens: a court application to become the adult's committee, or the Public Guardian and Trustee taking over as statutory property guardian. Both take time, so it helps to know the options before a crisis.
Why the missing document matters
When an adult loses the ability to manage their own money, someone needs legal authority to pay bills, deal with the bank, sell or rent out property and file tax returns. In BC that authority normally comes from an enduring power of attorney the adult signed while capable. Our article on powers of attorney and representation agreements explains how those two planning documents divide the work.
Family members are often surprised that being a spouse or adult child does not, by itself, give them power over a parent's finances. Without an enduring power of attorney, the bank and other institutions generally need to see a court order or another form of legal authority before they will deal with you.
Is it too late for an enduring power of attorney?
Capacity is not all or nothing, and it can vary over time. Under section 12 of the Power of Attorney Act, an adult can make an enduring power of attorney unless they cannot understand its nature and consequences. The section lists what the adult must be able to understand, including:
- the property they have and its approximate value;
- the obligations they owe to their dependants;
- that the attorney will be able to do almost anything with their financial affairs that they could do, except make a will;
- that the property could lose value if the attorney does not manage it prudently, and that the attorney might misuse the authority; and
- that they can revoke the document while capable.
If your parent is in the early stages of dementia, it may still be possible to put an enduring power of attorney in place. A lawyer meeting with them privately, sometimes with input from their doctor, can help judge this. If it is clearly too late, the options below are what remain.
Option 1: a court-appointed committee
The Patients Property Act lets a near relative or another person apply to the BC Supreme Court for an order declaring that an adult is incapable of managing their affairs, their person, or both, and appointing a committee.
What the application involves
- Medical evidence. Under section 3, the court acts on the affidavits of two medical practitioners stating their opinion that the adult is incapable.
- Notice to the adult. Section 2 requires notice of the application to be served personally on the adult at least 10 days before the hearing, unless the court is satisfied that service would harm their health or is otherwise inadvisable.
- Notice to the Public Guardian and Trustee. Section 7 requires notice of an application to appoint a committee to be served on the Public Guardian and Trustee at least 10 days before the hearing.
- The adult's own wishes. Under section 9, if the adult made a written nomination of a committee while capable, signed with the same formalities as a will, the court must appoint that person unless there is good reason not to.
What a committee can do, and must report
A committee of the adult's estate has, with regard to the estate, the rights and powers the adult would have if capable, under section 15. A committee of the person has custody of the adult. Under section 10, a private committee must pass accounts before the Public Guardian and Trustee when directed, and the court can require security. The Public Guardian and Trustee describes the role as acting in the adult's best interest and submitting accounts for review and approval.
When a court makes the declaration, any power of attorney the adult gave ends, and representation agreements end unless the court orders otherwise (section 19).
Option 2: the Public Guardian and Trustee as statutory property guardian
There is also a non-court route under Part 2.1 of the Adult Guardianship Act. If a person believes an adult may be incapable of managing their financial affairs, section 32 allows them to notify the Public Guardian and Trustee, which may request an assessment by a qualified health care provider. A health authority designate can then issue a certificate of incapability, but only if, among other things, the adult needs help with financial decisions, alternatives would not be enough, and the adult has not given an attorney power over all of their financial affairs (or the attorney is not complying with their duties).
When a certificate is issued, the Public Guardian and Trustee becomes the adult's statutory property guardian as of the date the certificate was signed. That route places the adult's finances with a public official rather than a family member, which is a reason many families prefer to apply for committeeship themselves, or better still, to plan ahead.
What about health care decisions?
Money and health are handled separately. If an adult cannot consent to health care and has no representative, section 16 of the Health Care (Consent) and Care Facility (Admission) Act requires the health care provider to choose a temporary substitute decision maker from a ranked list: spouse, then child, parent, sibling, grandparent, grandchild, other relatives, a close friend, and a person related by marriage. The person must be at least 19, have been in contact with the adult in the previous 12 months, have no dispute with the adult and be willing to carry out the duties. This covers health care, not the adult's bank accounts or property.
Planning now saves a court application later
If you are reading this for a parent, it is also a reminder to look at your own plan. An enduring power of attorney and a representation agreement, signed while you are well, let you choose who acts for you and avoid both of the routes above. Our list of estate planning documents every BC adult should have is a good place to start.
Worried about a parent's capacity? Find out which route fits
Our wills and estate planning lawyers can assess whether an enduring power of attorney is still possible, explain the committeeship process under the Patients Property Act, and prepare the court application if one is needed.
Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.
Sources
- Patients Property Act, RSBC 1996, c 349, ss 1-3, 6, 7, 9, 10, 15 and 19 — Patients Property Act, RSBC 1996, c 349 (checked October 10, 2026)
- Adult Guardianship Act, RSBC 1996, c 6, Part 2.1, s 32 — Adult Guardianship Act, RSBC 1996, c 6 (checked October 10, 2026)
- Power of Attorney Act, RSBC 1996, c 370, s 12 — Power of Attorney Act, RSBC 1996, c 370 (checked October 10, 2026)
- Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, s 16 — Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181 (checked October 10, 2026)
- Public Guardian and Trustee of British Columbia, The private committee role — The private committee role (checked October 10, 2026)
General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.