An adult representation application often must be made where there is no valid power of attorney or personal directive, and an adult does not have capacity to govern his or her own affairs.
Formerly called a guardianship application, this process exists to appoint a representative to make either or both financial and personal care decisions for a represented adult.
The application must include a capacity assessment from a qualified assessor, an affidavit from the applicant, and vulnerable sector check for the applicant, along with any alternate representatives.
The application must include a detailed representation plan, which must provide information as to the proposed represented individual’s capacity, where the will reside, and which items if any, they are to retain decision-making authority over.
The documents are filed with the Supreme Court of Nova Scotia, and any interested parties are notified of the hearing date. The parties then appear in Court and a successful application will result in an order for representation.
Gallant Law can assist with the Adult Representation Process.