These questions come from our bank but are not in any of our paid exams. Try each one, then reveal the answer and the explanation.
Question 1
Hamish Doyle of Kingston is 13. His parents died in 2025, and he now lives with his aunt, Fiona. Hamish inherited $200,000 from his parents' estates. Fiona applies under the Children's Law Reform Act to be appointed guardian of Hamish's property. Which of the following is correct?
A.Fiona need not give notice of the application to the Children's Lawyer, since Hamish lives with her.
B.If appointed, Fiona may recover her expenses of managing the property, but may not charge any fees.
C.The court may excuse Fiona from posting a bond if it considers that a bond is not needed.
D.If appointed, Fiona must post a bond payable to Hamish, in an amount the court considers appropriate.
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Answer: D. If appointed, Fiona must post a bond payable to Hamish, in an amount the court considers appropriate.
A court that appoints a guardian of a child's property must require the guardian to post a bond, with or without sureties, payable to the child (Children's Law Reform Act s. 55(1)). Fiona is Hamish's aunt, not his parent, so she must post one. (A) Every application for guardianship of a child's property is made on notice to the Children's Lawyer (s. 47(1)), whoever brings it. (B) A guardian of property is entitled to a reasonable amount for fees as well as expenses of management (s. 54). (C) The court's power to dispense with a bond applies only where it appoints a parent of the child (s. 55(2)).
Question 2
Edmund Hargreaves wants to sign a power of attorney for personal care naming Teresa, his paid personal support worker, who is not related to him. He also wants to name his nephew as attorney under a continuing power of attorney for property. You advise Edmund that:
A.Teresa may act, because the restriction covers only those who provide health care such as doctors and nurses
B.Teresa may not act as his attorney for personal care while she provides support services to him for compensation
C.Teresa may act if the Public Guardian and Trustee consents in writing before the power of attorney is signed
D.Teresa may not be named in either document, and the nephew may not act for property while Teresa is paid by Edmund
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Answer: B. Teresa may not act as his attorney for personal care while she provides support services to him for compensation
Section 46(3) of the Substitute Decisions Act, 1992 provides that a person may not act as an attorney under a power of attorney for personal care, unless the person is the grantor's spouse, partner or relative, if the person provides health care, or residential, social, training or support services, to the grantor for compensation. Teresa is a paid support worker and not related to Edmund, so she cannot act as his attorney for personal care. (A) Section 46(3)(b) extends beyond health care to residential, social, training and support services. (C) Section 46(2) requires the Public Guardian and Trustee's written consent only when the PGT itself is named as attorney. (D) The restriction is in Part II and applies only to powers of attorney for personal care; it does not affect the nephew's appointment for property.
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