What is a Nomination of Committee?
If you become incapable, the court may appoint a person as your committee. That person would have the power to make decisions for you, including decisions about your health care and finances. A Nomination of Committee states who you would like to be appointed as your committee, if it becomes necessary.
A Nomination of Committee is executed the same way as a Will. This means it is signed in the presence of two witnesses, who are both adults, who are not either the proposed committee or the spouse of the proposed committee.
How does a Nomination of Committee work when a Power of Attorney or Representation Agreement is in force?
A person who already has a Power of Attorney or Representation Agreement can still execute a Nomination of Committee. Usually the nominee(s) for a Nomination of Committee would be the Attorney(s) or Representative(s). Like in a Representation Agreement or Power of Attorney, You may nominate alternates, in case the first person nominated refuses or is incapable.
In the event that a court declares a person incapable, as a patient defined within the meaning of the Patients Property Act, any Power of Attorney or Representation Agreement in force on behalf of that person is generally terminated.
Who can become a committee?
Normally if a person becomes incapable a family member applies to become that person’s committee. If the incapable person made a valid Nomination of Committee, the court must appoint the person nominated, unless there is a good reason not to.