Acts and Regulations

P-19 - Property Act

Section 58.6
Disposition versions

Full text
Mental incompetence of donor
Repealed: 2019, c.30, s.34
2019, c.30, s.34
58.6Repealed: 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
58.6Where 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,
(c) the donee, on giving fifteen days written notice to the Public Trustee and to all persons having an interest in the estate of the donor, or
(d) any other person permitted by the court
may, during the period of incompetence, apply to the court for an order substituting another person for the donee named in the power of attorney, and the court may so order.
1987, c.44, s.1; 2005, c.P-26.5, s.30
Mental incompetence of donor
58.6Where 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,
(c) the donee, on giving fifteen days written notice to the Public Trustee and to all persons having an interest in the estate of the donor, or
(d) any other person permitted by the court
may, during the period of incompetence, apply to the court for an order substituting another person for the donee named in the power of attorney, and the court may so order.
1987, c.44, s.1; 2005, c.P-26.5, s.30
Mental incompetence of donor
58.6Where 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,
(c) the donee, on giving fifteen days written notice to the Administrator of Estates and to all persons having an interest in the estate of the donor, or
(d) any other person permitted by the court
may, during the period of incompetence, apply to the court for an order substituting another person for the donee named in the power of attorney, and the court may so order.
1987, c.44, s.1