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Sister removed as guardian for failing to act in incapable adult's best interests; PGT appointed.
The Office of the Public Guardian and Trustee brought a motion to be appointed as the guardian of property and personal care for an incapable adult, seeking to remove the adult's sister from the role.
The court found that the sister had failed to act in the incapable adult's best interests by removing her from a successful group home placement, failing to secure appropriate alternative residential care, leaving her to languish in a hospital mental health ward, and failing to pass her accounts.
The motion was granted, the sister was removed as guardian, and the Public Guardian and Trustee was appointed in her place.
Applicant awarded ongoing income replacement benefits after proving complete inability to work due to accident-related impairments.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The Tribunal found that the applicant, a self-employed painter and contractor, suffered a substantial inability to perform the essential tasks of his pre-accident employment within 104 weeks of the accident, primarily due to a specific phobia of driving.
For the post-104-week period, the Tribunal found the applicant was completely unable to engage in any employment for which he was reasonably suited by education, training, or experience, due to a combination of physical and psychological impairments caused by the accident.
The applicant was awarded ongoing IRBs and interest, but his claim for a special award under Regulation 664 was dismissed.
