The applicant son brought a motion within a guardianship application to determine his 91-year-old father's capacity to instruct counsel, and to enforce previous orders regarding financial disclosure and access visits.
The father, who suffers from aphasia, had been assessed by multiple capacity assessors.
The court found the father had capacity to instruct counsel regarding his personal care and residence, but lacked capacity to instruct on property matters due to his inability to understand a disputed $280,000 mortgage.
The court directed the Public Guardian and Trustee to arrange section 3 counsel for the father, ordered the respondent siblings to provide the long-overdue accounting, and enforced the applicant's access visits, awarding substantial indemnity costs against the respondent siblings for their reprehensible conduct in delaying the proceedings.
