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Digest of the Week | Appointment of Committee

Appointment of Committee

Anand (Re) | 2018 BCSC 34 | British Columbia Supreme Court

Mental incompetency -- Administration of estate of mental incompetent -- Committee, quasi-committee or guardianship -- Appointment -- Challenges to appointment

Son had mental infirmity arising from brain injury suffered in motor vehicle accident several years ago, received large settlement, and father was appointed his committee -- Public Guardian and Trustee (PGT) monitored father by having reviewed accounts father gave to PGT although he did not provide all information PGT sought -- PGT found that information provided revealed was problematic as it seemed that son had paid off mortgage and that son’s bank account was joint bank account with father from which large amounts of withdrawals were made within period of five years -- PGT brought application for order to rescind appointment of father as committee of his son -- Application granted in part -- Father was allowed to stay on as committee but only under several conditions, and if conditions breached, committeeship would be rescinded without court order necessary -- There was no evidence that if father removed as son’s committee that son’s financial independence would lessen, as parents would still be involved in his life -- Father’s and mother’s sacrifices were noteworthy and commendable but they fell within purview of parental responsibilities -- It was found troubling that father never paused to seek professional financial advice and explore best investment options and it was found that best financial course for son was determined by professionals -- Court shared PGT’s concern that there were shortcomings about way father managed son’s affair and were it not for wishes son had clearly expressed that father continued as committee, and for fact that PGT’s order could be addressed with appropriate orders, father’s appointment would have been rescinded.
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