SUPREME COURT OF NOVA SCOTIA
Citation: D. B. v. J. M. J. , 2010 NSSC 137
Date: 20100422
Docket: Hfx No. 310421
Registry: Halifax
Between:
D. B.
Applicant
v.
J.M.J.
Respondent
LIBRARY HEADING
|
Editorial Notice
Identifying information has been removed from this electronic version of the judgment. |
Judge: The Honourable Justice Peter Bryson
Heard: April 1, 2010, in Halifax, Nova Scotia, in Chambers
Written Decision: April 22, 2010
Subject: Guardian and Ward - Appointment and qualifications of guardian.
Commercial Law - Agency - Power of Attorney.
Summary: Incompetent previously granted enduring power of attorney to her friend. Family complained that they were not consulted by attorney and were not provided with an accounting. They applied to remove attorney and appoint guardian. Alternatively they sought an accounting.
Issue: Should attorney be required to account and be removed and guardianship granted?
Result: Application dismissed. Incompetent appointed attorney. Incompetent well cared for. In absence of misconduct or other evidence that best interests of incompetent were not being met, donor’s appointment of attorney should be respected.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.