When a loved one is determined by their doctor to be mentally incompetent, their power of attorney must step in to help manage their financial affairs.
If the mentally incompetent loved one failed to appoint a power of attorney while they were mentally competent, then a family member or friend can apply to be appointed by the court as their committee. This is called an Application for Committeeship.
A committee will be responsible for managing the mentally incompetent person’s property, or personal care, or both. The committee is accountable for all transactions performed, and will be asked to provide an accounting of the incompetent person’s property.
You are only eligible to be someone’s committee if you are a resident of Manitoba. Anyone living outside of Manitoba cannot make an application. If a family member or friend is not able to apply for committeeship of a loved one, the Public Guardian and Trustee will step in and fulfill this role.
Committeeship applications can be complex, and document heavy. The best way to avoid these applications is to ensure your loved ones have an updated Power of Attorney and Health Care Directive in place before their memory and competence starts to slip.
Contact our office for more information so you can help your loved ones prepare for the future, or to bring an Application for Committeeship if prior arrangements have not been made.