Losing Capacity – Options

What happens when a person is no longer capable of looking after themselves or their finances, but doesn’t have an Enduring Power of Attorney or Representation Agreement in place?

This is where a committee comes in. Pronounced as “kaw-mit-tee”, a committee is a person confirmed by the court to make financial and/or medical decision on behalf of the person who is mentally incapable.

If you are applying to be a loved one’s committee, you need to know that there are there are two types of committeeships- committee of a person’s estate and committee of the person.

The court can confirm your appointment as one or the other, or, both. A committee of a person’s estate looks after and manage the incapable person’s financial and legal affairs. A committee of the person makes medical and personal care decisions on behalf of the incapable person. This includes deciding where the person is to reside and what medical treatments he/she is to receive.

To become a committee, a court application is required. However, this is only needed when a person has not executed an Enduring Power of Attorney or a Representation Agreement before becoming mentally incompetent.

If you know someone close to you that needs a committee appointed because he or she is incapable, contact us via email at info@leadbenefits.ca for more information.