37 (1) A guardian of property shall make the following expenditures from the incapable person’s property: 1. The expenditures that are reasonably necessary for the person’s support, education and care. 2. The expenditures that are reasonably necessary for the support, education and care of the person’s dependants. 3. The expenditures that are necessary to satisfy the person’s other legal obligations.  1992, c. 30, s. 37 (1). Guiding principles (2) The following rules apply to expenditures under subsection (1): 1. The value of the property, the accustomed standard of living of the incapable person and his or her dependants and the nature of other legal obligations shall be taken into account. 2. Expenditures under paragraph 2 may be made only if the property is and will remain sufficient to provide for expenditures under paragraph 1. 3. Expenditures under paragraph 3 may be made only if the property is and will remain sufficient to provide for expenditures under paragraphs 1 and 2.  1992, c. 30, s. 37 (2). Optional expenditures (3) The guardian may make the following expenditures from the incapable person’s property: 1. Gifts or loans to the person’s friends and relatives. 2. Charitable gifts.  1992, c. 30, s. 37 (3); 2016, c. 23, s. 70 (3). Guiding principles (4) The following rules apply to expenditures under subsection (3): 1. They may be made only if the property is and will remain sufficient to satisfy the requirements of subsection (1). 2. Gifts or loans to the incapable person’s friends or relatives may be made only if there is reason to believe, based on intentions the person expressed before becoming incapable, that he or she would make them if capable. 3. Charitable gifts may be made only if, i. the incapable person authorized the making of charitable gifts in a power of attorney executed before becoming incapable, or ii. there is evidence that the person made similar expenditures when capable. 4. If a power of attorney executed by the incapable person before becoming incapable contained instructions with respect to the making of gifts or loans to friends or relatives or the making of charitable gifts, the instructions shall be followed, subject to paragraphs 1, 5 and 6. 5. A gift or loan to a friend or relative or a charitable gift shall not be made if the incapable person expresses a wish to the contrary. 6. The total amount or value of charitable gifts shall not exceed the lesser of, i. 20 per cent of the income of the property in the year in which the gifts are made, and ii. the maximum amount or value of charitable gifts provided for in a power of attorney executed by the incapable person before becoming incapable.  1992, c. 30, s. 37 (4); 2016, c. 23, s. 70 (2, 3). Increase, charitable gifts (5) The court may authorize the guardian to make a charitable gift that does not comply with paragraph 6 of subsection (4), (a) on motion by the guardian in the proceeding in which the guardian was appointed, if the guardian was appointed under section 22 or 27; or (b) on application, if the guardian is the statutory guardian of property.  1996, c. 2, s. 24. Expenditures for person’s benefit (6) Expenditures made under this section shall be deemed to be for the incapable person’s benefit.  1992, c. 30, s. 37 (6). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 24 - 29/03/1996 2016, c. 23, s. 70 (2, 3) - 01/01/2017