Committeeships allow an incapable or incompetent adult person to legally act and make decisions by way of another person who is appointed by the court. This person is called a committee.
Representation agreements and powers of attorney may be granted by people who are competent and capable to do so and are an important part of estate planning which our law firm can assist you with. However, committeship applications are sometimes necessary when a person does not have a representation agreement or power of attorney in place and becomes incapable or incompetent.
As your full-service estates law firm, AMJ LAW can assist you to make a committeeship application, oppose a committeeship application or end or rescind the appointment of a committee.
The Patients Property Act provides for two types of committeeships one of the person and one of the estate. A person can be appointed to be a committee of just the person, just the estate or both. A committee of a person’s estate administers the legal, estate and financial affairs of an incapable adult, while a committee of the person makes decisions about the day-to-day care and living arrangements of an adult.
For both committeeship applications of the person and of the estate, the basic necessary evidence required are:
- affidavits from two medical practitioners that provide clear opinions that the adult is incapable of managing himself or his affairs/estate, or both because of mental infirmity from disease, age or otherwise, or because of a disorder or disability of the mind arising from the use of drugs, and
- an “Affidavit of Kindred and Fortune” from the person applying to be a committee which provides personal information about the adult, the proposed management of the adult’s estate, the qualifications the applicant has for the position, and the reasons for being the most appropriate person to be appointed as committee
The Public Guardian and Trustee is a public body which assists adults who need support for financial, estate and personal decision making to protect their rights and interests. The Public Guardian and Trustee may act as an incapable adult’s committee. However, it usually only acts as committee when there are no other suitable candidates available or willing to act as a committee. Usually family members or close friends are appointed committees by the court.
Committeeships are meant to protect the care, rights, finances and estate of adults who are mentally incapable of managing themselves and their affairs and their estates on their own. Committees are fiduciaries to the incapable adult and once appointed, have various powers and duties, including investing the incapable adult’s property and money in the best interests of the adult, providing periodic accounting of the adult’s finances to the Public Guardian and Trustee and acting for the incapable adult in any legal action.
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At AMJ LAW law firm, we can also assist with the happier event of applications to end or rescind an appointment of a committee for court order declaring that an adult is no longer incapable and discharging the committee.