F.L. appealed a Consent and Capacity Board decision that upheld a Certificate of Incapacity, finding him incapable of managing his property.
The appeal raised issues of procedural fairness due to the joinder of the Public Guardian and Trustee (PGT) and alleged errors in law regarding the onus of proof and the application of the incapacity test.
The court dismissed the appeal, distinguishing the procedural fairness arguments from a prior case (P.P. v. Oliver) and affirming that the Board correctly applied the legal tests for incapacity, including the appreciation component, and did not improperly shift the burden of proof.
