The moving party's counsel brought an uncontested motion to have the moving party declared a 'special party' under the Family Law Rules and to appoint the Office of the Public Guardian and Trustee (OPGT) as his litigation guardian.
Medical and capacity assessments demonstrated that the moving party suffered from severe cognitive impairments and was incapable of instructing counsel.
The court found the moving party to be a special party and, noting the absence of any other appropriate representative, appointed the OPGT to represent him in the ongoing family law proceedings.