Estate Litigation Glossary of Terms


A legal status under which the appointed entity (the “committee”) is appointed by the Court to make care or financial decisions for someone who is mentally incapable of making those decisions for themselves.

Enduring Power of Attorney

A power of attorney that remains in effect when the donor becomes mentally incompetent. This type of power of attorney is typically created as part of the donor’s long-term financial or estate plans and prevents the donor’s loved ones from obtaining committeeship if the donor loses the capacity to handle their finances.


A person named in a Will who is charged with administering the testator’s estate after their death. An executor’s duties may include taking inventory of the estate’s assets and liabilities, filing the deceased’s tax returns, settling the estate’s debts, and distributing the estate assets to the beneficiaries.

General Power of Attorney

A power of attorney that becomes void when the donor loses the mental capacity to make their own decisions, becomes bankrupt, or dies.