R. Coutinho

The applicant daughter sought to be appointed as guardian of property and personal care for her mother, the respondent.

The respondent opposed the application but filed no responding evidence.

The court found the respondent incapable of managing her property and personal care due to declining mental health, delusions, and inability to manage finances or medical needs.

The court declined to order a capacity assessment, finding it would be overly intrusive given the respondent's likely refusal to cooperate.

The application was granted, and the daughter was appointed guardian subject to posting a $125,000 bond.

Costs decision following applications under the Substitute Decisions Act concerning the care and property of an elderly mother.

The litigation involved two groups of siblings disputing issues including compensation for caregiving.

Most issues settled before the hearing, leaving only a compensation issue which was decided in the earlier merits decision.

The court determined responsibility for legal costs, including those of court-appointed counsel under s. 3 of the Substitute Decisions Act.

The court ordered that certain preparation and hearing costs of s. 3 counsel and one group of siblings be paid by the unsuccessful parties, while other costs were borne by each party individually or paid from the incapable person's property.

Two competing applications were brought by siblings regarding the guardianship and care of their 88-year-old mother, who suffers from Alzheimer's dementia.

The court appointed the daughter, who had been living with and caring for the mother, as guardian of personal care, and a trust company as guardian of property.

The primary dispute concerned the daughter's claim for $133,000 in compensation for past caregiving and $53,620 annually going forward.

The court awarded a lump sum of $25,000 for past care and $500 per month for future care management, emphasizing the mother's best interests and the equitable recognition of the daughter's contributions.