62 (1) Serious illness or injury, or deprivation of liberty or personal security, are serious adverse effects for the purposes of this section.  1992, c. 30, s. 62 (1). Duty to investigate (2) The Public Guardian and Trustee shall investigate any allegation that a person is incapable of personal care and that serious adverse effects are occurring or may occur as a result.  1992, c. 30, s. 62 (2). Extent of investigation (3) In conducting an investigation under subsection (2), the Public Guardian and Trustee is not required to take any steps that, in his or her opinion, are unnecessary for the purpose of determining whether an application to the court is required under subsection (3.1).  1996, c. 2, s. 40 (1). Application for temporary guardianship (3.1) If, as a result of the investigation, the Public Guardian and Trustee has reasonable grounds to believe that a person is incapable of personal care and that the prompt appointment of a temporary guardian of the person is required to prevent serious adverse effects, the Public Guardian and Trustee shall apply to the court for an order appointing him or her as the incapable person’s temporary guardian of the person.  1996, c. 2, s. 40 (1). Notice (4) Notice of the application shall be served on the person alleged to be incapable, and his or her attorney for personal care, if known, unless the court dispenses with notice in view of the nature and urgency of the matter.  1992, c. 30, s. 62 (4); 1996, c. 2, s. 40 (2). (5) Repealed:  1996, c. 2, s. 40 (3). Order appointing temporary guardian (6) The court may by order appoint the Public Guardian and Trustee as temporary guardian.  1992, c. 30, s. 62 (6). Duration of appointment (7) The appointment is valid for a period fixed by the court that does not exceed 90 days.  1996, c. 2, s. 40 (4). Contents of order (8) The order shall set out the Public Guardian and Trustee’s powers as temporary guardian and any conditions imposed on the guardianship.  1992, c. 30, s. 62 (8). Power of attorney (9) The order may suspend the powers of any attorney under a power of attorney for personal care during the term of the temporary guardianship.  1996, c. 2, s. 40 (5). Service of order (9.1) If the order was made without notice, it shall be served on the person as soon as possible.  1996, c. 2, s. 40 (5). Power to apprehend person (10) If the Public Guardian and Trustee has custodial power over the person and the court is satisfied that it may be necessary to apprehend him or her, the court may authorize the Public Guardian and Trustee to do so; in that case the Public Guardian and Trustee may, with the assistance of a police officer, enter the premises specified in the order, between 9 a.m. and 4 p.m. or during the hours specified in the order, and search for and remove the person, using such force as may be necessary.  1992, c. 30, s. 62 (10). Termination, variation (11) On motion by the Public Guardian and Trustee or by the person under guardianship, the court may terminate the guardianship, reduce or extend its term, or otherwise vary the order.  1996, c. 2, s. 40 (6). Duty if no application made (12) If the Public Guardian and Trustee conducts an investigation under this section and decides not to make an application under subsection (3.1), the Public Guardian and Trustee shall, within three years, (a) destroy all information collected during the investigation and during any previous investigations in respect of the person under this section; and (b) notify the person who was alleged to be incapable that, (i) an allegation was made that the person was incapable of personal care and that serious adverse effects were occurring or might occur as a result, (ii) the Public Guardian and Trustee investigated the allegation as required by this Act and decided not to make an application for temporary guardianship, and (iii) the Public Guardian and Trustee has destroyed all information collected during the investigation.  1996, c. 2, s. 40 (6). Exception (13) Subsection (12) does not apply if, within three years after the decision is made not to make an application under subsection (3.1), (a) another investigation is commenced in respect of the person under this section or section 27; or (b) the Public Guardian and Trustee becomes the person’s guardian of property or guardian of the person.  1996, c. 2, s. 40 (6). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 40 (1-7) - 29/03/1996