Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

Citation: B.M. v. S.M., 2013 NSSC 128

Date: 20130424

Docket: SYDJC No.  411474

Registry: Sydney

Between:

B.M.

Plaintiff

v.

S.M.

Defendant

Library Heading

Editorial Notice

Identifiyng information has been removed from this electronic version of the library sheet.

 

Judge:

The Honourable Justice Frank C. Edwards

 

Heard:

April 9, 2013 in Sydney, Nova Scotia

 

 

Written Decision:

April 24, 2013

Subjects:

Guardianship; Incompetent Persons Act, R.S., c. 218

 

Facts:

Wife applies for guardianship of husband – opposed by husband’s daughter (applicant’s stepdaughter).  Wife wishes Public Trustee to continue to manage husband’s estate.  (The Public Trustee consents).

Issue:

Whether applicant’s appointment is in her husband’s best interests

 

Result:

Wife appointed guardian of person and Public Trustee, guardian of the estate.  Appointment in husband’s best interests – wife visited him daily at special care facility – her primary motivation was not financial as asserted by her stepdaughter.  Husband not to be removed from special care facility without further order of the court.

 

 

 

 

 

 

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