Dermot Moore

The Public Guardian and Trustee applied to be appointed as the permanent guardian of property and personal care for a young woman with a developmental disability and a severe seizure disorder.

The respondent father opposed the application, seeking to be appointed guardian himself, despite his ongoing opposition to her medical treatment plan and residential placement.

The court found that the young woman was thriving in her current placement and receiving appropriate medical care.

The court concluded that the father's fervent opposition to her care plan raised concerns that he would interfere with her treatment if appointed, and ordered that the PGT remain as her guardian.

The Tribunal received conflicting correspondence regarding the applicant's capacity to instruct his representative and continue with his human rights applications.

The Public Guardian and Trustee advised that it had been appointed guardian of the applicant's property and that the applicant did not wish to continue the proceedings.

The applicant's representative asserted that he was instructed to continue.

The Tribunal cancelled the scheduled case conference and directed the parties, the representative, the court-appointed solicitor, and the Public Guardian and Trustee to provide submissions on the effect of the court order and the appropriate next steps.

The applicant, a minor at the time of the motor vehicle accident, claimed statutory accident benefits for catastrophic impairment.

During the arbitration, she was assessed and declared mentally incapable of managing property under the Substitute Decisions Act, 1992.

The arbitrator ruled that the proceeding could not continue without a properly appointed guardian of property.

The arbitration was stayed until a guardian of property is appointed, and the applicant's father was ordered to advise the Commission of his chosen legal representative and his intentions regarding the appointment of a guardian.