Dr. Paul Ferner

An application by an attorney for personal care seeking a declaration that an incapacitated person lacks capacity for personal care and directions to restrict family visits.

The applicant, the wife of an 82-year-old man with advanced Alzheimer's disease, sought to deny visitation rights to their adult children.

The court declined to make a declaration of incapacity, finding that the applicant did not require such a declaration to exercise her powers as attorney.

The court found that the incapacitated person had expressed a wish to visit his children while still capable and that visits were in his best interests.

The court issued directions permitting the daughter to visit at specified times, finding that the applicant's personal animus toward her children had impaired her ability to make decisions in the incapacitated person's best interests.

This personal injury action involved a motion by the plaintiffs to appoint a litigation guardian for Elisabeth Reddecopp, who was injured in a motor vehicle accident and found to lack capacity to instruct counsel.

The defendants brought a cross-motion seeking a further capacity assessment, cross-examination of the initial assessor, and other relief.

The court granted the plaintiffs' motion, appointing Elisabeth's father, Heinrich, as litigation guardian, finding him presumptively appropriate and without an adverse interest that would preclude his appointment.

The court dismissed the defendants' cross-motion, ruling it lacked jurisdiction under the Courts of Justice Act and the Substitute Decisions Act, 1992 to order a further capacity assessment, and that there was no basis to compel cross-examination of the initial assessor or order a second assessment given its comprehensiveness and lack of bias.