Acts and Regulations

F-2.2 - Family Services Act

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Consideration of wishes of neglected or abused adult
36.1(1)In the exercise of any authority under this Act given to any person to make a decision that affects a neglected adult or abused adult, the neglected adult’s or abused adult’s wishes, where they can be expressed and where the neglected adult or abused adult is capable of understanding the nature of any choices that may be available, shall be given consideration in determining the neglected adult’s or abused adult’s interests and concerns, and the interests and concerns of the neglected adult or abused adult shall be given consideration as distinct interests and concerns, separate from those of any other person.
36.1(2)Where the wishes of a neglected adult or abused adult have not been or cannot be expressed or the neglected adult or abused adult is incapable of understanding the nature of the choices that may be available, the Minister shall make every effort to identify the neglected adult’s or abused adult’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
36.1(3)A person who is authorized under this Act to make a decision that affects a neglected adult or abused adult may, in order to comply with subsection (1), consult directly with the neglected adult or abused adult, in which case the authorized person shall do so in camera unless the authorized person determines that to do so would not be in the best interests of the neglected adult or abused adult; and in consulting with the neglected adult or abused adult in camera the authorized person may exclude any person, including any party to a proceeding and that person’s counsel, from participating in or observing the consultation.
36.1(4)In any matter or proceeding under this Act affecting a neglected adult or abused adult, whether before a court or any person having authority to make a decision that affects a neglected adult or abused adult, the neglected adult or abused adult has the right to be heard either on his or her own behalf or through a responsible spokesperson.
36.1(5)In any proceeding under this Act the court may waive any requirement that the neglected adult or abused adult appear before the court where it is of the opinion that it would be in the best interests of the neglected adult or abused adult to do so and the court is satisfied that the interests and concerns of the neglected adult or abused adult with respect to the matter before the court will not be prejudiced.
1990, c.25, s.4; 1997, c.2, s.7; 2016, c.37, s.66; 2019, c.2, s.54
Consideration of wishes of neglected or abused adult
36.1(1)In the exercise of any authority under this Act given to any person to make a decision that affects a neglected adult or abused adult, the neglected adult’s or abused adult’s wishes, where they can be expressed and where the neglected adult or abused adult is capable of understanding the nature of any choices that may be available, shall be given consideration in determining the neglected adult’s or abused adult’s interests and concerns, and the interests and concerns of the neglected adult or abused adult shall be given consideration as distinct interests and concerns, separate from those of any other person.
36.1(2)Where the wishes of a neglected adult or abused adult have not been or cannot be expressed or the neglected adult or abused adult is incapable of understanding the nature of the choices that may be available, the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, shall make every effort to identify the neglected adult’s or abused adult’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
36.1(3)A person who is authorized under this Act to make a decision that affects a neglected adult or abused adult may, in order to comply with subsection (1), consult directly with the neglected adult or abused adult, in which case the authorized person shall do so in camera unless the authorized person determines that to do so would not be in the best interests of the neglected adult or abused adult; and in consulting with the neglected adult or abused adult in camera the authorized person may exclude any person, including any party to a proceeding and that person’s counsel, from participating in or observing the consultation.
36.1(4)In any matter or proceeding under this Act affecting a neglected adult or abused adult, whether before a court or any person having authority to make a decision that affects a neglected adult or abused adult, the neglected adult or abused adult has the right to be heard either on his or her own behalf or through a responsible spokesperson.
36.1(5)In any proceeding under this Act the court may waive any requirement that the neglected adult or abused adult appear before the court where it is of the opinion that it would be in the best interests of the neglected adult or abused adult to do so and the court is satisfied that the interests and concerns of the neglected adult or abused adult with respect to the matter before the court will not be prejudiced.
1990, c.25, s.4; 1997, c.2, s.7; 2016, c.37, s.66
Consideration of wishes of neglected or abused adult
36.1(1)In the exercise of any authority under this Act given to any person to make a decision that affects a neglected adult or abused adult, the neglected adult’s or abused adult’s wishes, where they can be expressed and where the neglected adult or abused adult is capable of understanding the nature of any choices that may be available, shall be given consideration in determining the neglected adult’s or abused adult’s interests and concerns, and the interests and concerns of the neglected adult or abused adult shall be given consideration as distinct interests and concerns, separate from those of any other person.
36.1(2)Where the wishes of a neglected adult or abused adult have not been or cannot be expressed or the neglected adult or abused adult is incapable of understanding the nature of the choices that may be available, the Minister shall make every effort to identify the neglected adult’s or abused adult’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
36.1(3)A person who is authorized under this Act to make a decision that affects a neglected adult or abused adult may, in order to comply with subsection (1), consult directly with the neglected adult or abused adult, in which case the authorized person shall do so in camera unless the authorized person determines that to do so would not be in the best interests of the neglected adult or abused adult; and in consulting with the neglected adult or abused adult in camera the authorized person may exclude any person, including any party to a proceeding and that person’s counsel, from participating in or observing the consultation.
36.1(4)In any matter or proceeding under this Act affecting a neglected adult or abused adult, whether before a court or any person having authority to make a decision that affects a neglected adult or abused adult, the neglected adult or abused adult has the right to be heard either on his or her own behalf or through a responsible spokesperson.
36.1(5)In any proceeding under this Act the court may waive any requirement that the neglected adult or abused adult appear before the court where it is of the opinion that it would be in the best interests of the neglected adult or abused adult to do so and the court is satisfied that the interests and concerns of the neglected adult or abused adult with respect to the matter before the court will not be prejudiced.
1990, c.25, s.4; 1997, c.2, s.7