Acts and Regulations

P-19 - Property Act

Section 58.5
Disposition versions

Full text
Mental incompetence of donor
Repealed: 2019, c.30, s.34
2019, c.30, s.34
58.5Repealed: 2019, c.30, s.34
1987, c.44, s.1; 2005, c.P-26.5, s.30; 2019, c.30, s.34
Mental incompetence of donor
58.5(1)Where the donor of a power of attorney containing the provision referred to in paragraph 58.2(1)(a) suffers from mental incompetence,
(a) any person having an interest in the estate of the donor,
(b) the Public Trustee, where it appears to be in the best interests of the donor or the estate of the donor, or
(c) any other person permitted by the court
may, during the period of incompetence, apply to the court for an order requiring the donee to pass accounts in respect of transactions which involved an exercise of the power during the period of incompetence of the donor, and the court may so order.
58.5(2)Where an order is made under subsection (1) requiring the donee to pass accounts, the procedure upon the passing of accounts is the same as that provided in the Rules of Court in relation to the passing of accounts of committees of the estates of infirm persons.
1987, c.44, s.1; 2005, c.P-26.5, s.30
Mental incompetence of donor
58.5(1)Where the donor of a power of attorney containing the provision referred to in paragraph 58.2(1)(a) suffers from mental incompetence,
(a) any person having an interest in the estate of the donor,
(b) the Public Trustee, where it appears to be in the best interests of the donor or the estate of the donor, or
(c) any other person permitted by the court
may, during the period of incompetence, apply to the court for an order requiring the donee to pass accounts in respect of transactions which involved an exercise of the power during the period of incompetence of the donor, and the court may so order.
58.5(2)Where an order is made under subsection (1) requiring the donee to pass accounts, the procedure upon the passing of accounts is the same as that provided in the Rules of Court in relation to the passing of accounts of committees of the estates of infirm persons.
1987, c.44, s.1; 2005, c.P-26.5, s.30
Mental incompetence of donor
58.5(1)Where the donor of a power of attorney containing the provision referred to in paragraph 58.2(1)(a) suffers from mental incompetence,
(a) any person having an interest in the estate of the donor,
(b) the Administrator of Estates, where it appears to be in the best interests of the donor or the estate of the donor, or
(c) any other person permitted by the court
may, during the period of incompetence, apply to the court for an order requiring the donee to pass accounts in respect of transactions which involved an exercise of the power during the period of incompetence of the donor, and the court may so order.
58.5(2)Where an order is made under subsection (1) requiring the donee to pass accounts, the procedure upon the passing of accounts is the same as that provided in the Rules of Court in relation to the passing of accounts of committees of the estates of infirm persons.
1987, c.44, s.1