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Tag: non-assessor

The Court Appointment of Guardians (for Mentally Incapable Persons)

Disposition by the CourtUnder s. 77(3), there are three possible dispositions of the matter by the judge:1) A verdict without a hearing;2) A direction to the parties to provide other evidence or to attend a hearing; or3) An order that the application or any issue proceed to trial along with directions therefor.It is essential that at least one of the s. 72 statements contain a paragraph stating the opinion that it is necessary that decisions are made by an authorized person on behalf of the incapable person.  The prescribed statement is given in the form in such a manner that the maker of the statement can either include it or cross it out. If a non-assessor expresses the view that a person must be appointed to make decisions for the incapable person, but the assessor does not share the same opinion, the court would perhaps refuse to grant the order.

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The Documents Involved in the Court Appointment of Guardians for Mentally Incapable Persons

What Documents are Involved?As in the standard procedure, the Notice of Application and the Affidavit of the Applicant (including exhibits) are to be prepared so as to proceed further. Whether or not the medical affidavits required in the standard procedure are also necessary in the summary procedure is not stated clearly. Considering that one statement is required from a qualified assessor as to the mental capability of the person, and that the appointment of a guardian is necessary, it seems then medical affidavits would be unnecessary. Anyway, the courts, in some instances, require at least one medical affidavit by a physician. Such written statements pursuant to s. 72 of the SDA, completed by the assessor or a person who is not an assessor, include a requirement that a declaration be made that the person is incapable of managing property. The basis of the declaration has to be set out in detail in that written statement.Applicant Involves Either Two Assessors or One Assessor and One Non-assessor

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