Acts and Regulations

I-8 - Infirm Persons Act

Section 39
Disposition versions

Full text
Application of Act
39(1)The provisions of this Act shall apply to a person, not declared to be mentally incompetent, with regard to whom it is proven to the satisfaction of the court that the person is, through mental or physical infirmity arising from disease, age or other cause, or by reason of habitual drunkenness or the use of drugs,
(a) incapable of managing some or all of his or her affairs or providing for their management, or
(b) incapable of providing for some or all aspects of his or her personal care.
39(2)Repealed: 2000, c.45, s.5
39(3)When subsection (1) applies, the court may order the appointment of
(a) a person who shall be authorized to perform any acts or make any decisions specified in the order on behalf of the person to whom the order relates, or
(b) a committee of the estate, a committee of the person or a committee of the estate and person to act on behalf of the person to whom the order relates.
39(3.1)An order under subsection (3) may require that the committee or the person authorized to act provide security.
39(4)A person appointed under paragraph (3)(a) shall be subject to the jurisdiction and authority of the court as if the person were a committee.
39(5)Sections 11 and 11.1 shall apply to the cases provided for by paragraph (1)(a) and the person in respect of whom the order is made.
39(6)Any person aggrieved or affected by an order made under this section has the like right to appeal therefrom as is provided by section 5.
39(7)Upon application at any time after the expiration of one year, or sooner with leave of the court, the like proceedings may be taken and the like order made as provided in section 9 in the case of a person who has been declared a mentally incompetent person.
R.S., c.144, s.38; 1994, c.40, s.5; 2000, c.45, s.5
Application of Act
39(1)The provisions of this Act shall apply to a person, not declared to be mentally incompetent, with regard to whom it is proven to the satisfaction of the court that the person is, through mental or physical infirmity arising from disease, age or other cause, or by reason of habitual drunkenness or the use of drugs,
(a) incapable of managing some or all of his or her affairs or providing for their management, or
(b) incapable of providing for some or all aspects of his or her personal care.
39(2)Repealed: 2000, c.45, s.5
39(3)When subsection (1) applies, the court may order the appointment of
(a) a person who shall be authorized to perform any acts or make any decisions specified in the order on behalf of the person to whom the order relates, or
(b) a committee of the estate, a committee of the person or a committee of the estate and person to act on behalf of the person to whom the order relates.
39(3.1)An order under subsection (3) may require that the committee or the person authorized to act provide security.
39(4)A person appointed under paragraph (3)(a) shall be subject to the jurisdiction and authority of the court as if the person were a committee.
39(5)Sections 11 and 11.1 shall apply to the cases provided for by paragraph (1)(a) and the person in respect of whom the order is made.
39(6)Any person aggrieved or affected by an order made under this section has the like right to appeal therefrom as is provided by section 5.
39(7)Upon application at any time after the expiration of one year, or sooner with leave of the court, the like proceedings may be taken and the like order made as provided in section 9 in the case of a person who has been declared a mentally incompetent person.
R.S., c.144, s.38; 1994, c.40, s.5; 2000, c.45, s.5