MENTAL INCOMPETENCY - Guardianship - Committees - Powers and duties - To pass accounts

Law360 Canada ( August 28, 2026, 9:35 AM EDT) -- Appeal by appellant from orders denying her standing to challenge the committee accounts of the estate of Popove, summarily passing those accounts, and awarding special costs against her. The Public Guardian and Trustee of British Columbia (PGT), acted as committee of the estate of Popove and, following his death, provided its accounts to the personal representative and applied to have them summarily passed. The appellant, a beneficiary under the will, applied for standing to oppose the passing of accounts and asserted that the PGT owed a duty to account to beneficiaries after death. The chambers judge denied standing, reviewed the accounts, and passed them, finding no evidence supporting the appellant’s objections and concluding the expenses and fees were reasonable. The appellant argued on appeal that the Patients Property Act no longer applied after death and that the PGT was required to account to her as a beneficiary, that the accounts were improperly passed, and that the award of special costs was in error. The PGT maintained that its duty to account was only to the personal representative and that the chambers judge made no error. The issues were whether the appellant had standing to challenge the accounts, whether the accounts were properly passed, and whether the special costs award should stand....
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