17 (1) Any of the following persons may apply to the Public Guardian and Trustee to replace the Public Guardian and Trustee as an incapable person’s statutory guardian of property: 1. The incapable person’s spouse or partner. 2. A relative of the incapable person. 3. The incapable person’s attorney under a continuing power of attorney, if the power of attorney was made before the certificate of incapacity was issued and does not give the attorney authority over all of the incapable person’s property. 4. A trust corporation within the meaning of the Loan and Trust Corporations Act, if the incapable person has a spouse or partner who consents in writing to the application.  1996, c. 2, s. 11; 2006, c. 19, Sched. B, s. 22 (1); 2016, c. 23, s. 70 (2). Form of application (2) The application shall be in the prescribed form.  1996, c. 2, s. 11. Management plan (3) The application shall be accompanied by a management plan for the property in the prescribed form.  1996, c. 2, s. 11. Appointment (4) Subject to subsection (6), the Public Guardian and Trustee shall appoint the applicant as the incapable person’s statutory guardian of property if the Public Guardian and Trustee is satisfied that the applicant is suitable to manage the property and that the management plan is appropriate.  1996, c. 2, s. 11. Considerations (5) The Public Guardian and Trustee shall consider the incapable person’s current wishes, if they can be ascertained, and the closeness of the applicant’s relationship to the person.  1996, c. 2, s. 11. Security (6) The Public Guardian and Trustee may refuse to appoint the applicant unless the applicant provides security, in a manner approved by the Public Guardian and Trustee, for an amount fixed by the Public Guardian and Trustee.  1996, c. 2, s. 11. Same (7) If security is required under subsection (6), the court may, on application, order that security be dispensed with, that security be provided in a manner not approved by the Public Guardian and Trustee, or that the amount of security be reduced, and may make its order subject to conditions.  1996, c. 2, s. 11. Certificate (8) The Public Guardian and Trustee shall give the person appointed as statutory guardian of property a certificate certifying the appointment.  1996, c. 2, s. 11. Effect of certificate (9) The certificate is proof of the guardian’s authority.  1996, c. 2, s. 11. Conditions (10) The Public Guardian and Trustee may make an appointment under this section subject to conditions specified in the certificate.  1996, c. 2, s. 11. Two or more guardians (11) The Public Guardian and Trustee may certify that two or more applicants are joint statutory guardians of property, or that each of them is guardian for a specified part of the property.  1996, c. 2, s. 11. Duty of guardian (12) A person who replaces the Public Guardian and Trustee as statutory guardian of property shall, subject to any conditions imposed by the Public Guardian and Trustee or the court, manage the property in accordance with the management plan.  1996, c. 2, s. 11. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 11 - 29/03/1996 2006, c. 19, Sched. B, s. 22 (1) - 22/06/2006 2016, c. 23, s. 70 (2)
- 01/01/2017