The applicant sought the appointment of Section 3 counsel under the Substitute Decisions Act for her mother, whose capacity was in issue amid a family dispute over powers of attorney.
The respondent opposed the appointment, relying on a geriatric psychiatrist's report concluding the mother had severe dementia, lacked capacity to instruct counsel, and would likely suffer significant emotional distress if forced to deal with an unfamiliar lawyer.
The court dismissed the motion, finding that while Section 3 counsel can sometimes be appointed even when a person cannot provide instructions, in this specific case it would not be in the mother's best interests, would be ineffective, and would not assist in resolving the underlying litigation.
