Who pays for the court application to appoint a Committee?

  • Normally the costs are paid by the patient.
  • A party may be refused their costs if they were not motivated by a concern for the best interests of the patient.

We represented the niece of a woman with Alzheimer’s Disease.  She applied to become Committee.  The patient’s son opposed this, and asked to be made Committee.  Since both parties had sought the appointment out of concern for the patient’s best interests, both parties were awarded costs from the patient’s estate, minimal though it was.

In another case we represented a daughter who opposed the appointment of her step-sister as the sole Committee.  She asked the Court to appoint both of them as co-Committees.  The Court refused this request.  The judge felt that such an arrangement would not function well as the two did not see eye-to-eye.  Any dissension would not be in the patient’s best interests.

The court denied the unsuccessful daughter her costs from the patient’s estate, as the judge was not convinced she had been motivated by the genuine goal of protecting and promoting the best interests of the patient.

If you need to be appointed as Committee, we can help.  Contact us.

Read the case:  Re Atwal, Re Rodsgaard Estate