Mentally Incompetent Adults
Replacement Of Committee
An application can be made to the Court of Queen's Bench to name a relative or friend, or a trust company, as Committee of the property or both property and personal care of a person. This is sometimes called a Court Appointed Committee, or a Private Committee. This court application usually requires the services of a lawyer.
A Court Appointed Committee may be removed and/or replaced if the court approves the change. The Public Guardian and Trustee may be removed as Committee when the client regains capacity to manage on his or her own, or if the court appoints another person as Committee to replace The Public Guardian and Trustee.
Frequently Asked Questions:
Do the powers of The Public Guardian and Trustee differ from those of a Court Appointed Committee?
Both The Public Guardian and Trustee as Committee and a Court Appointed Committee for property and personal care have the following powers:
- manage the incapable person's property within the provisions of The Mental Health Act
- decide where and with whom the incapable person will live, permanently or temporarily
- make decisions about daily living for the client
- give or refuse consent to medical or psychiatric treatment or health care on the incapable person's behalf if the doctor advises the Committee that the person is not mentally competent to make treatment decisions (This is subject to any wishes set out in a valid Health Care Directive, including the appointment of a proxy to make health care decisions.)
- manage any legal claims or proceedings on the incapable person's behalf
There are some decisions about property that a Court Appointed Committee may only make after approval of the court. These include such things as selling the incapable person's house or personal property valued at more than $10,000. The Public Guardian and Trustee as Committee may make all decisions necessary without court approval.
When is it appropriate for The Public Guardian and Trustee to act as Committee instead of a Court Appointed Committee?
The Public Guardian and Trustee is appointed as Committee only when no feasible alternative exists. It is appointed where there are no family or friends able, willing or suitable to act, or where a neutral party is preferrable because of a dispute among family members about committeeship.
How long does an Order of Committeeship last?
The court order appointing a Committee may state that it only lasts until a certain date. If it doesn't contain this provision, a Court Appointed Committee may continue to act until the incapable person dies, or the Committee is removed or replaced.
