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Difference between revisions of "Committeeship"
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→What powers and duties does a committee have?
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The court can limit a committee’s powers. For example, it might say a committee can't sell any of the person's real estate without first getting the court’s permission or the consent of the Public Guardian and Trustee. Or the court may restrict access to an investment so that the committee can access only the income from the investment, not the investment itself. | The court can limit a committee’s powers. For example, it might say a committee can't sell any of the person's real estate without first getting the court’s permission or the consent of the Public Guardian and Trustee. Or the court may restrict access to an investment so that the committee can access only the income from the investment, not the investment itself. | ||
A committee must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96464_01 Trustee Act]'' when they invest for a person. If they invest in things the Trustee Act does not allow, they may have to pay the estate for any losses. Unless an estate is small, a committee should get professional investment advice. | A committee must follow the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96464_01 Trustee Act]'' when they invest for a person. If they invest in things the ''Trustee Act'' does not allow, they may have to pay the estate for any losses. Unless an estate is small, a committee should get professional investment advice. | ||
Normally, a committee can't use the person's property or get any benefit from it. There are exceptions to this—for example, if a person’s committee is their spouse. An incapable person must still support their spouse and dependent children. So a spouse who is committee can use some of the person’s assets and income for their own living expenses. Before a committee uses their spouse’s assets or income to support a family member or themselves, they should check with the Public Guardian and Trustee or a lawyer. | Normally, a committee can't use the person's property or get any benefit from it. There are exceptions to this—for example, if a person’s committee is their spouse. An incapable person must still support their spouse and dependent children. So a spouse who is committee can use some of the person’s assets and income for their own living expenses. Before a committee uses their spouse’s assets or income to support a family member or themselves, they should check with the Public Guardian and Trustee or a lawyer. | ||
