Difference between revisions of "Adult Guardianship (15:V)"
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5. Notice of the application to the courts must be personally served on the subject '''not less than 10 days prior''' to the date of the application hearing. See s 2(2) of the ''PPA''. This requirement may be waived if the court is satisfied that to serve notice of the application would injure the subject’s health, or would otherwise be inadvisable in the interests of the subject. | 5. Notice of the application to the courts must be personally served on the subject '''not less than 10 days prior''' to the date of the application hearing. See s 2(2) of the ''PPA''. This requirement may be waived if the court is satisfied that to serve notice of the application would injure the subject’s health, or would otherwise be inadvisable in the interests of the subject. | ||
• In order for a waiver of notice to be granted, there must be a medical affidavit advising the court that it would be injurious to the health of the adult to be served with notice of the application. The affidavit must demonstrate this clearly and provide evidence, it is not sufficient to simply restate the language of the statute. A discussion on this can be found in T.H.N et al v Q.V.L. 2000 BCSC 24. | • In order for a waiver of notice to be granted, there must be a medical affidavit advising the court that it would be injurious to the health of the adult to be served with notice of the application. The affidavit must demonstrate this clearly and provide evidence, it is not sufficient to simply restate the language of the statute. A discussion on this can be found in ''[https://www.canlii.org/en/bc/bcsc/doc/2000/2000bcsc24/2000bcsc24.html T.H.N et al v Q.V.L.]'', 2000 BCSC 24. | ||
In summary, the court application must include: | In summary, the court application must include: | ||