A dream you dream alone is only a dream. A dream you dream together is reality.
~Yoko Ono

Tuesday, December 11, 2018

Legal Representation in Nova Scotia: A Treatise [Part i

We ended last year by taking a look at the history of adult guardianship in Nova Scotia and a very quick overview of the new legislation. You will recall that in October of 2017, I also gave an interview to CBC as to my thoughts on the (then) proposed legislation. We will now take a closer look at the Adult Capacity and Decision-Making Act, its requirements and what it all means for families.

By the end of this month, I will have (hopefully successfully) completed my first application for legal representation under the Adult Capacity and Decision-Making Act. And I must tell you that the paperwork required is definitely more complex  then before.

As many of you know my plan was is to modify the Nova Scotia Legal Guardianship Kit so that it complies with the new legislation in order to ensure families continue to have access to a cost-effective way to apply for guardianship representation.

If, by chance, you feel that you picked up on some ambiguity in that last sentence, you are correct.

First, a confession of sorts. I have learned three things over the past year:
  • it will take more than a few (or even several) tweaks to turn the Nova Scotia Legal Guardianship Kit into the Nova Scotia Adult Representation Kit
  • a completely new self-help Kit is required to comply with the new legislation; and
  • I honestly don't know how long  it will take to create and test-drive (or if it is even possible to create, for that matter) a new useful Kit.
Although it pains me to say this, I remain committed to helping families approach the legal representation process without incurring the cost of a lawyer if at all possible (or, at the very least, in a way that costs can be minimized).

But let's put that issue aside for now and look at some of the changes made to the process of obtaining guardianship representation in Nova Scotia.

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As an aside, just in case you were wondering, a treatise 
is defined as:
a systematic exposition or argument in writing including a methodical discussion of the facts and principles involved and conclusions reached
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Shall we begin?