Application, order, appeal
5(1)The court upon application by Notice of Application may by order declare a person a mentally incompetent person, if the court is satisfied that the evidence submitted establishes beyond a reasonable doubt that he or she is a mentally incompetent person.
5(2)The application may be made by the Attorney General, by the Public Trustee appointed under the
Public Trustee Act, by the spouse of the alleged mentally incompetent person, by a relative, whether by blood or affinity, by a friend or any other person who is concerned for the well-being of the alleged mentally incompetent person or by a creditor.
5(3)The Notice of Application shall disclose the names and place of residence of the alleged mentally incompetent person, of his or her spouse, if any, of his or her next of kin, of the attorney appointed by a power of attorney, if any, and of the committee of his or her estate and person, if any, as far as the same can be ascertained.
5(4)The court shall make such order as may seem expedient for notice of such application and service thereof upon the alleged mentally incompetent person, his or her spouse, the next of kin, the attorney appointed by a power of attorney and committee.
5(5)The alleged mentally incompetent person and any person aggrieved or affected by the order have the right to appeal therefrom.
5(6)The practice and procedure on appeal shall be as laid down in the
Judicature Act for an appeal from an order made by a judge of the court in Chambers.
R.S., c.144, s.4; 1967, c.38, s.2; 1979, c.41, s.66; 1983, c.40, s.2; 1988, c.4, s.2; 1994, c.40, s.2; 2000, c.45, s.2; 2005, c.P-26.5, s.25; 2008, c.45, s.8