The Public Guardian and Trustee applied for an order appointing it as the permanent guardian of property for the respondent, Diane MacFarlane, under section 22 of the Substitute Decisions Act, 1992.
The application was based on evidence that Ms. MacFarlane was incapable of managing her property, including a capacity assessment report indicating cognitive impairment and anecdotal evidence of her inability to understand financial information and the consequences of her decisions, such as attempting to give away large sums of money to an "Elvis impersonator." The court found Ms. MacFarlane incapable of managing property as defined by section 6 of the SDA and appointed the PGT as her permanent guardian of property.
The court also addressed and ordered the payment of costs for both the PGT and Section 3 Counsel from Ms. MacFarlane's property.
