How is the patient’s money safeguarded?

  • the court order appointing the committee may restrict the use of assets (e.g. no sale of the house, no access to an investment except to reinvest it)
  • a committee may be required to post a bond equal to the amount of cash the patient has in her estate.

A bond is a type of insurance policy.  The premiums for the bond are paid from the patient’s estate.

However, in BC (Public Trustee) v. Macht the Court of Appeal said that in some cases a bond will not be required.  The court will consider factors like:

  • Whether the committee seeks limited or unlimited power to deal with the patient’s estate
  • Whether the patient showed his trust of the committee, such as by granting the committee a power of attorney, appointing the committee as executor of his will, or having a joint bank account with the committee
  • Whether the committee is the patient’s spouse, who has handled the finances in the past
  • Whether the committee is competent in financial matters, and has handled investments for others
  • Whether doctors and nurses or other independent people have given evidence about the committee’s provision of assistance to the patient during her illness

If you need assistance to become a committee, we can help.  Contact us.

Read the case:  BC (Public Trustee) v. Macht

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