An application was brought seeking appointment as guardian of property and guardian of the person for an elderly individual alleged to be suffering neglect while living with two children who held powers of attorney.
A capacity assessment confirmed the individual was incapable of managing property and personal care.
The court considered whether guardianship was necessary under the Substitute Decisions Act, 1992, given the existence of valid continuing powers of attorney.
The court held that guardianship should not be imposed where an adequate, less restrictive alternative exists and where strong evidence of misconduct by attorneys is absent.
Because the allegations of neglect were disputed and could not be resolved on the affidavit record, and because the evidence did not establish that the incapable person’s interests were being harmed, the court declined to disturb the existing arrangements.
