In a family guardianship dispute concerning an adult daughter, the moving party sought interim guardianship or interim access pending determination of the full guardianship application.
The court held that the factual record was inadequate to draw conclusions about capacity and emphasized that any capacity issues required proper professional assessment.
Applying s. 55(2) of the Substitute Decisions Act, the court dismissed the interim guardianship request because alternatives had not been fully explored.
The court also dismissed interim access after receiving submissions from counsel appointed for the adult daughter, who reported clear instructions that she wished to remain with her father and aunt and did not wish to see her mother.
