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Wills & Estates > Committeeship

Committeeship

If an adult becomes mentally incapable and has not made an enduring power of attorney or representation agreement, the court may appoint a “committee” to make decisions on their behalf. At GBC Law, we guide families through this process with care.

What is a Committeeship?

A committeeship is a court order giving someone authority to make decisions for an incapable adult. There are two types:

  • Committee of the Person – Makes personal and health decisions.
  • Committee of the Estate – Manages financial and legal matters.

When is a Committeeship Needed?

  • The adult has no POA or RA in place.
  • They are mentally incapable due to illness, injury, or disability.
  • Important decisions about care or finances need to be made.

The Application Process

Applying for committeeship involves:

  • Gathering medical evidence of incapacity.
  • Filing a court application.
  • Providing notice to family members and interested parties.

Frequently Asked Questions

Who can apply to be a committee?
Usually a spouse, adult child, or close relative. In some cases, the Public Guardian and Trustee may be appointed.
How long does it take to get a committeeship order?
It can take several months depending on the court’s schedule and complexity of the case.
Can more than one person be appointed as committee?
The court can appoint co-committees, but cooperation between the individuals is essential.
Can a committeeship be challenged?
Family members or others may oppose the application if they disagree about who should act.