Act means the Patients Property Act;
court means the Supreme Court of British Columbia.
if the patient in respect of whose estate accounts are to be passed is alive, upon the person who applied for the appointment of the committee, or, if that is not practicable, on a person who is the next of kin of the patient,
if the patient in respect to whose estate the accounts are to be passed is deceased, upon the personal representative of the patient, or, if the personal representative is the committee, on the widow or the person who is next of kin of the deceased patient, or
upon such other person or persons as the Public Trustee may designate.
filing a notice of appeal according to Form 6 in the Appendix with a registrar in the county in which the committee was appointed,
at the same time taking out an appointment with the registrar according to Form 7 in the Appendix to take, audit and pass the accounts and fix the remuneration of the committee, and
serving the Public Trustee and all persons required to be served under Rule 4 (2) with a copy of the notice of appeal and the appointment in accordance with Rule 4 (3).
require the person having conduct of the proceedings or any other person appearing to be answerable to appear before it to explain the delay or other conduct, and
make such order as the circumstances require or order that the conduct of the proceedings be transferred to and undertaken by the Public Trustee or a solicitor nominated by the Attorney General.
Appendix Form 1 Notice of Application for Appointment of Committee IN THE SUPREME COURT OF BRITISH COLUMBIA In the Matter of A.B. To A.B.: You are informed that an application has been made by .............................., of .............................., for the appointment of C.D., of .............................. (or some other fit and proper person), to manage and administer your property (or to have personal custody of you, or to manage and administer your property and have personal custody of you). It is made with a view to the protection of your property (or It is made for your own protection, or It is made with a view to the protection of your property and yourself). If you have any objection or observation to make, you can do so by letter addressed to the Registrar at the Courthouse at .............................., or you can instruct a solicitor to act for you. The time appointed for the hearing of the application is the .................... day of ...................., 20...., at .................... o'clock at the Courthouse at .............................., but an order will not be made until 7 days after the day you receive this notice. Dated the .................... day of ...................., 20..... This notice was issued by ............................... Solicitor for applicant: ........................................ Solicitor's address: ........................................ Form 2 Certificate of Medical or Acting Medical Superintendent of Service of Notice of Application for Appointment of Committee (Heading as in Form 1) I, .............................., the Medical Superintendent or Acting Medical Superintendent of .............................., certify that on .................... (date) at .................... (time), I served the above named A.B. at .............................. with a Notice of Application for Appointment of Committee, a copy of which is annexed hereto and initialed by me. Dated the .................... day of ...................., 20..... Signed ..............................(Medical Superintendent) Form 3 [am. B.C. Reg. 75/2022, ss. 4 to 6.] Affidavit of Kindred and Fortune in Support of Application for Appointment of a Committee (Heading as in Form 1) I, .............................., of .............................., make oath and say as follows: 1 I am the spouse (or sibling or as the case may be) of the above-named A.B. 2 The said A.B. has a (set out relationship, name and address of closest next of kin). 3 The (other nearest relatives of the said A.B.) are (state the names and addresses of other near relatives): (1) (2) (3) 4 A.B. is .................... years of age and is a ............................. (occupation). 5 A.B. is now at the .................... Mental Hospital. A.B. was taken there on the .................... day of ...................., 20..... (or is residing at ....................). 6 The real estate belonging to A.B. is specified in the first part of the Schedule hereto (or the said A.B. is not entitled to any real estate). 7 The personal property belonging to A.B. is specified in the second part of the Schedule hereto. 8 A.B. is a tenant for life of the residuary estate under the will of ...................., who died at .................... on the day of ...................., 20...., and whose will was proved or resealed (set out particulars of probate or resealing). The present trustees (or executors) of the will are (set out the names, addresses and descriptions of trustees or executors). The property of which A.B. is tenant for life under the will is specified in the third part of the Schedule hereto. (Set out similarly any other property to which A.B. is entitled and particulars of A.B.'s entitlement). 9 The net income of A.B. is .................... dollars per year. 10 The capital of A.B. does not exceed .................... dollars. 11 The debts of A.B. amount to .................... dollars. These are specified in the fourth part of the Schedule hereto (or There are no debts owing by the said A.B.). 12 The cost of maintenance of A.B. at .................... is .................... dollars a year (or as the case may be). SCHEDULE TO FORM 3 Form 4 Consent and Waiver To the Public Trustee: Re the Estate of A.B., Patient I hereby acknowledge having received a copy of the accounts of C.D., the Committee of A.B., covering the period from ........................ to ...................., and I consent to the accounts as presented and waive any notice of the passing of the accounts. Dated at ...................., this .................... day of ...................., 20..... Witness: Form 5 [am. B.C. Reg. 75/2022, s. 6.] Notice of Passing Accounts re Estate of A.B. TAKE NOTICE that the Public Trustee has set (date) at (time), at the Public Trustee's office at ...................., as the time and place for the passing of the accounts of C.D., as Committee of A.B., from .................... to ...................., and for the fixing of remuneration to be paid to C.D. for C.D.'s services as Committee. AND FURTHER TAKE NOTICE that unless you advise the Public Trustee in writing within 7 days of the receipt of this notice that you wish to appear or be represented on the passing of the accounts, the Public Trustee may proceed with the passing of the accounts without requiring the formal attendance of the Committee or any party and at any time, either prior to or after the above-mentioned date, without further notice to you. Dated this .................... day of ...................., 20..... ..................................................Committee (or Solicitor for C.D., the Committee) Form 6 [am. B.C. Reg. 75/2022, s. 5.] Notice of Appeal from Public Trustee To the District Registrar of the Supreme Court of British Columbia at ....................: In the Matter of the Patients Property Act and In the Estate of A.B., Patient C.D., the Committee of A.B., appeals the findings of the Public Trustee on the passing of C.D.'s accounts from .................... to .................... as set forth in the certificate of the Public Trustee dated the .................... day of ...................., 20..... A copy of the certificates and the accounts verified by the affidavit of C.D. is attached. Dated at .................... this .................... day of ...................., 20...... ..................................................Committee (or Solicitor for the said C.D.) Form 7 [am. B.C. Reg. 75/2022, s. 5.] Notice of Hearing of Appeal from Public Trustee To the District Registrar of the Supreme Court of British Columbia at ....................: In the Matter of the Patients Property Act and In the Matter of A.B., Patient I hereby appoint .................... (date) at .................... (time), at my office at the Courthouse, ............................., B.C., as the time and place for passing the accounts of C.D., as Committee of A.B., from .................... to ...................., and fixing the remuneration of C.D., as Committee. This hearing is an appeal from the findings of the Public Trustee, set forth in the Public Trustee's certificate dated the .................... day of ...................., 20...... Dated at ...................., B.C., this .................... day of ...................., 20......