Acts and Regulations

I-8 - Infirm Persons Act

Full text
Superseding declaration of mental incompetency
9(1)At any time after the expiration of one year from the date of the order by which a person has been declared a mentally incompetent person, or sooner by the leave of the court, an application by Notice of Application may be made by or on behalf of such person to set aside such order, and on such application the court, if satisfied by the evidence submitted that the person has become mentally competent and capable of managing his own affairs, may make an order so declaring; otherwise the court shall by order dismiss the application.
9(2)Any such order is subject to appeal in like manner as an order made under section 5.
9(3)Instead of making an order under subsection (1) the court may direct an issue to try the question of the recovery of the person formerly declared or adjudged a mentally incompetent person.
9(4)Any issue so directed shall be subject to the provisions of section 6, including the provision for appeal.
9(5)Where a person formerly declared a mentally incompetent person has been found to be mentally competent and capable of managing his own affairs and the time for appealing from the order has expired, or an appeal having been taken the same has been finally dismissed, an order may be made superseding and setting aside the order declaring the mental incompetency of such person for all purposes except as to acts or things done in respect of the person or estate of the mentally incompetent person while the order was in force.
R.S., c.144, s.8; 1983, c.40, s.3
Superseding declaration of mental incompetency
9(1)At any time after the expiration of one year from the date of the order by which a person has been declared a mentally incompetent person, or sooner by the leave of the court, an application by Notice of Application may be made by or on behalf of such person to set aside such order, and on such application the court, if satisfied by the evidence submitted that the person has become mentally competent and capable of managing his own affairs, may make an order so declaring; otherwise the court shall by order dismiss the application.
9(2)Any such order is subject to appeal in like manner as an order made under section 5.
9(3)Instead of making an order under subsection (1) the court may direct an issue to try the question of the recovery of the person formerly declared or adjudged a mentally incompetent person.
9(4)Any issue so directed shall be subject to the provisions of section 6, including the provision for appeal.
9(5)Where a person formerly declared a mentally incompetent person has been found to be mentally competent and capable of managing his own affairs and the time for appealing from the order has expired, or an appeal having been taken the same has been finally dismissed, an order may be made superseding and setting aside the order declaring the mental incompetency of such person for all purposes except as to acts or things done in respect of the person or estate of the mentally incompetent person while the order was in force.
R.S., c.144, s.8; 1983, c.40, s.3