Jael Marques de Sousa

In a costs endorsement following a guardianship application, the court held that the Public Guardian and Trustee was entitled to its costs after successfully obtaining confirmation of its refusal to issue a certificate of guardianship to the respondent.

Applying the modern civil-litigation approach to costs in estate and capacity matters, the court found it appropriate that the incapable person's assets bear part of the costs because the estate benefited from confirmation of the statutory guardianship.

However, the respondent's persistent and unfounded opposition materially increased the Public Guardian and Trustee's costs, justifying a personal costs order against her.

Full indemnity costs of $5,942.50 were fixed, with $1,000 payable by the respondent and the balance payable from the incapable person's assets.

The Public Guardian and Trustee (PG&T) applied to confirm its refusal to issue a Certificate of Statutory Guardianship to the respondent for her sister's property.

The respondent had applied to replace the PG&T, but was rejected due to her lack of understanding of the role, history of making unfounded allegations, and fixation on attacking her late brother-in-law's will.

The court found that the respondent's obsession with the will and irrational beliefs about other family members would prevent her from objectively managing the property and fostering regular personal contact with family members as required by the Substitute Decisions Act.

The court confirmed the PG&T's refusal.