Application for the Appointment of a Substitute Decision Maker - Manitoba, Canada

The Application for the Appointment of a Substitute Decision Maker in Manitoba, Canada is for seeking legal authorization to appoint someone to make decisions on behalf of a person who lacks the capacity to make decisions for themselves.

In Manitoba, Canada, the application for the appointment of a substitute decision maker is typically filed by the person seeking to be appointed as the substitute decision maker.

FAQ

Q: What is an Application for the Appointment of a Substitute Decision Maker?A: An Application for the Appointment of a Substitute Decision Maker is a legal document in Manitoba, Canada, used to request the appointment of a substitute decision maker for an incapable person.

Q: Who can make an Application for the Appointment of a Substitute Decision Maker?A: Any interested person, such as a family member or close friend, can make an application for the appointment of a substitute decision maker.

Q: Why would someone need a substitute decision maker?A: Someone may need a substitute decision maker if they are unable to make decisions regarding their personal care, health care, or financial matters due to mental incapacity or other reasons.

Q: What is the role of a substitute decision maker?A: A substitute decision maker is appointed to make decisions on behalf of an incapable person, ensuring their best interests are considered.

Q: How does the appointment process work?A: The application is filed with the court, and if approved, the court will appoint a substitute decision maker.

Q: Can the appointed substitute decision maker be changed?A: Yes, if circumstances change or there is a need for a different person to take on the role, it is possible to apply for a change in the appointment of the substitute decision maker.

Q: Do I need a lawyer to make an application?A: While it is not required to have a lawyer, it is advisable to seek legal advice to ensure the application is properly prepared and submitted.

Q: Is there a fee for making the application?A: There may be a fee associated with filing the application with the court. The amount can vary, so it is best to inquire with the court or consult legal resources for the most accurate information.

Q: Can a substitute decision maker make decisions against the wishes of the incapable person?A: No, a substitute decision maker must make decisions that are in the best interests and consistent with the known wishes and values of the incapable person, as much as possible.