A "nomination of committee" is a tool in planning for incapacity. It allows adults to express their views to court about who should be appointed to make financial and health care decisions on their behalf, if proceeds are brought under the Patients Property Act. If the adult is incapable, any person may apply to court to be appointed committee.
An application for committeeship requires the filing of several documents. An "affidavit of kindred and fortune" is one of them. It is sworn in support of an application for appointment as committee of an individual incapable of managing his or her own affairs. The affidavit provides personal information about the patient such as the names and addresses of relatives and describes any property, income, debts or liabilities held by the patient.
The prescribed form for the affidavit is published as Form 3, Affidavit of Kindred and Fortune in Support of Application for Appointment of a Committee, in the appendix to the Patients Property Act Rules (BC Regulation 311/76).
An example of an affidavit of kindred and fortune can be found in the British Columbia estate planning and wealth preservation practice manual:
- Chapter 15 – Planning for Incapacity, [§15.43] Affidavit of Kindred and Fortune (Form 3, Patients Property Act Rules)
- Forms & Precedents – Section IX. Planning for Incapacity, FP-145 Affidavit of Kindred and Fortune in Support of Application for Appointment of a Committee
- Patients Property Act, RSBC 1996, c. 349 – BC Laws
- Patients Property Act Rules, BC Reg 311/76 – BC Laws
- Form 3 – Affidavit of Kindred and Fortune in Support of Application for Appointment of a Committee – Patients Property Act Rules
- British Columbia estate planning and wealth preservation by Continuing Legal Education Society – on-site at Courthouse Libraries