Acts and Regulations

Rule-71 - PROCEEDINGS CONCERNING INFIRM PERSONS

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Revoked on 1 January 2024
PARTICULAR PROCEEDINGS
RULE 71
PROCEEDINGS CONCERNING
INFIRM PERSONS
87-111
Repealed: 2023-67
71.01Application of Rule
This rule applies to proceedings under the Infirm Persons Act.
71.02Supporting Affidavits
(1)A Notice of Application under section 5 or 39 of the Infirm Persons Act shall be supported by the affidavits of one or more medical practitioners and of one or more persons acquainted with the alleged infirm person and able to swear to facts that will assist the court in forming its opinion as to the condition of the alleged infirm person.
(2)An affidavit under paragraph (1) may express the opinion of the deponent but shall also set out the facts upon which the opinion is based.
87-111
71.03Notice of Application
(1)An applicant shall cause a Notice of Application to be served on
(a) the alleged infirm person, unless the court dispenses with such service, and
(b) the spouse, next-of-kin, committee, if any, and attorney appointed by a power of attorney, if any, of the alleged infirm person, who have not consented to the granting of the relief requested in the application.
(2)The court may dispense with service of a Notice of Application on the alleged infirm person under paragraph (1) if the evidence of at least 2 medical practitioners establishes that
(a) such service would be dangerous to or would aggravate the condition of that person, or
(b) that person lacks the mental capacity to understand the nature of the proceeding and to determine whether or not to consult counsel.
87-111; 2000, c.45, s.8
71.04Passing of Accounts
(1)A committee shall present its accounts to the court for approval
(a) when the infirm person dies,
(b) when an order is made revoking the appointment of the committee or appointing a new committee, and
(c) at such other times as the court directs.
(2)When a committee files with the clerk
(a) an order approving the final accounts of the committee, and
(b) proof of payment of the balance found by the court to be due to such person as the court has directed,
any security given by the committee shall be returned to the committee.
(3)Rule 57.03 applies to accounts presented under this subrule.