The applicant, Shazad Adam, sought to be appointed as guardian of the person for his father, Shyam Mohamed Adam, who sustained a head injury and whose capacity to manage personal care was in dispute.
Shazad also sought to remove Shyam's spouse, Bibi Hasena Hanuman, and daughter, Selena Shazela Hasena, as attorneys for personal care under a 2019 Power of Attorney.
The court granted leave for the application, declared Shyam incapable of personal care, found Bibi neglectful and in breach of a court order, and removed Bibi and Selena as attorneys.
Shazad was appointed as guardian of the person for one year, subject to a revised guardianship plan.
Costs were awarded to the Public Guardian and Trustee and Shyam's s.3 counsel from Shyam's property, and partial indemnity costs were awarded to Shazad against Bibi.