Department of Justice: Clarification regarding the Incompetent Persons Act
(June 29, 2016) – Following media coverage of a court case about the Incompetent Persons Act, our department and MLA constituency offices have been receiving questions from Nova Scotians who are concerned about the validity of court orders for their loved ones.
We want to reassure everyone that all current guardianship orders under the Incompetent Persons Act remain valid.
In yesterday's court proceeding, an individual challenged the constitutionality of the Act. While the judge agreed that certain provisions of the Act are unconstitutional, he granted one year for the Act to be updated. All orders remain valid during this period. The Department of Justice had previously said it would not oppose this constitutional challenge and committed to reviewing the current Act with a view to improving it. That work is ongoing.
See the original June 29 notice on the Department of Justice website.