What Happens Without a Power of Attorney in Manitoba

The Immediate Crisis

When someone loses mental capacity without a valid Enduring Power of Attorney in Manitoba, nobody has legal authority to manage their financial affairs. Not their spouse. Not their adult children. Not their closest friend.

Financial institutions may restrict access once they're notified of incapacity. Bills may go unpaid. Mortgage payments may be missed. Investment accounts may not be manageable. Property taxes can accumulate. If the person is a business owner, business operations may stall because nobody can sign cheques, authorize payments, or manage accounts receivable.

Family members who continue paying bills from the incapacitated person's accounts — writing cheques, using debit cards, withdrawing cash — are acting without the EPOA authority described here. They may face personal liability for transactions they make, even if they're acting in the person's best interest.

The Court-Ordered Committeeship Process

The usual private path forward is a court-ordered committeeship through the Court of King's Bench. This is the process that an EPOA is designed to avoid.

Step 1: Two physician assessments. Two licensed physicians must independently examine the person, determine they cannot manage their property or personal care, and sign Certificates of Incompetence. This requires scheduling two separate medical appointments — which can take weeks, particularly in rural areas where specialist access is limited.

Step 2: Hire a lawyer. A private individual cannot file a committeeship application without legal representation. The lawyer drafts a Notice of Application identifying the proposed committee (usually a close family member) and prepares the supporting documentation.

Step 3: Prepare supporting documents. The application requires:

• Written consents from all relatives of equal or closer relationship than the applicant
• A sworn, itemized inventory of all the incapacitated person's real and personal property
• Medical affidavits from the examining physicians confirming incapacity

Getting consents from all qualifying relatives can be its own ordeal. Estranged siblings, out-of-province family members, and relatives who disagree with the proposed committee all create delays.

Step 4: Serve the Public Guardian and Trustee. All filed court papers must be served on the Public Guardian and Trustee (PGT) of Manitoba at least 10 days before the court hearing. The PGT reviews the application and may raise objections or request additional information.

Step 5: Post a security bond. If appointed as committee over property, the family member must post a financial security bond valued at twice the total value of the incapacitated person's property. This means that for a parent whose house is worth $300,000 and who has $100,000 in savings and investments, the bond must be at least $800,000.

The bond requires at least two personal sureties or a commercial bond from a bonding company. Commercial bond premiums are an ongoing annual expense.

Step 6: Wait for judicial approval. The committee's authority doesn't begin until the Court of King's Bench Master approves the security bond and the appointment is formalized. Until then, the family has no legal authority.

The Costs Add Up Quickly

The court filing fee for a Notice of Application is $250. Legal fees for preparing and arguing the committeeship application vary with complexity and whether the application is contested. The security bond premium is an ongoing cost that depends on the provider and terms. Physician-assessment costs vary and may be covered as part of regular medical care.

If the family files court documents that don't meet Rule 74 formatting requirements, there's a $10 rejection surcharge per document — minor individually but frustrating when multiple submissions are needed.

When the Public Guardian Steps In

If no suitable family member or friend is willing or able to serve as committee — or if the family can't agree on who should serve — the Public Guardian and Trustee of Manitoba may be appointed by default.

The PGT is a government office that manages the affairs of incapacitated adults who have no other representative. They provide a legitimate service, but their involvement comes at a cost:

• 3% transaction fee on every financial transaction (deposits, withdrawals, investment trades)
• 0.9% annual fee on the total value of assets under management
• The family loses decision-making authority — the PGT makes financial decisions according to statutory priorities, not necessarily according to what the family would choose

The PGT's objection window is also compressed. When the PGT issues a Notice of Intent to be appointed as Committee, the incapacitated person's family has exactly 7 days to object. If they miss that window, the appointment becomes automatic.

What a Low-Cost Document Prevents

An Enduring Power of Attorney costs a fraction of a committeeship application. A lawyer-drafted EPOA or a low-cost self-prepared EPOA with proper guidance can avoid the committeeship process.

The key is timing. The EPOA must be signed while the donor still has mental capacity. Once capacity is lost, the voluntary option disappears and a committeeship process is the remaining route.

The Manitoba Power of Attorney Kit provides the Manitoba-specific guidance needed to create a valid EPOA — including the mandatory enduring clause, the Section 11 witness requirements, and the institutional acceptance steps that prevent delays when the document is needed.

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