"The brick walls are not there to keep us out. The brick walls are there to give us a chance to show how badly we want something. Because the brick walls are there to stop the people who don't want it badly enough."
~ Randy Pausch, professor

Sunday, February 21, 2016

Is This the Right Time to Apply for Guardianship?

Picking up on our ongoing conversation about guardianship, I have little doubt that the law concerning adult guardianship in the Province is about to change. Landon Webb has challenged the constitutionality of the Incompetent Persons Act and, although no one can say for sure what the outcome will be, I believe it is highly likely that we will end up with a new piece of legislation governing adult guardianship. Which, actually, will most likely be a very good thing.

However, until either that new legislation materializes or the status quo is confirmed, a person might want to think carefully about when might be the best time to bring a guardianship application in their particular circumstances.

This is just my take, but, given the media play that Landon’s situation has received, I think that (with the exception of the clearest cases) there is a good chance that the courts could be a bit hesitant to grant an adult guardianship order until a decision is made in the Webb case.

In the case of a very low functioning adult, there is probably no reason to hesitate to bring such an application. However, when it comes to higher functioning adults, absent some sort of emergency reason to bring an application RIGHT NOW, it might be best to wait until we see how everything shakes out.

With respect to the Nova Scotia Legal Guardianship Kit, should the law change, it may well be necessary to make corresponding changes to the Guardianship Kit to comply with the new law. I can assure you, however, that should that occur, it is absolutely my intent to update the Guardianship Kit and continue to make it available as an option for families in the Province.

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