Archive for the ‘Guardianship’ Category

Judgement Day for Mrs. M Bentley

Thursday, February 6th, 2014

On February 4, 2014, Dying with Dignity issued the following statement: “The BC Supreme Court issued its judgement today in the case of Margot Bentley. Ruling that feeding by mouth is basic care, rather than health care, Margot's family's appeal for the feeding to stop has been dismissed. The judge gave ...

When A Custody Battle turns into Competing Guardianship Applications

Friday, December 6th, 2013

In a recent Ontario case, divorced parents each sought sole guardianship of their mentally incapable adult daughter. The parents, who divorced in the 1980s, were unable to work together as joint guardians of their 42 years old mentally incapable daughter (“Isabella”).  While both parents, who are now in their 70s, agreed ...

If There is a Valid POA, the Court Cannot Order a Guardianship

Monday, September 30th, 2013

The recent decision in Lehtonen v. Neill serves as a useful reminder of the sometimes overlooked subsection 22(3) of the Substitute Decisions Act.   This provision prohibits the court from appointing a guardian where the court is satisfied that decision making for the incapable person can be met by a less ...