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2.1 Manitoba

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In Manitoba, there are two laws that have to do with being appointed as the guardian and/or trustee of an adult. One is the Mental Health Act and the other is the Vulnerable Persons Living with a Disability Act. The procedures and forms are very different for the two laws and anyone who wants to make a court application to become someone’s guardian or trustee must figure out which procedure he or she is to follow.

The Vulnerable Persons Living with a Disability Act only applies to an adult who loses his or her capacity if that incapacity manifests itself before the adult reaches adulthood. This would not appear to be relevant to the people we are most concerned about in this book. Given that this book focuses on elderly people who are losing their capacity due to aging, it is highly unlikely that this act will apply. Therefore, residents of Manitoba will find that this book focuses only on applications that may be made under the Mental Health Act.

In the event that you are not sure which procedure applies to your situation, you may wish to discuss it with the very helpful and approachable staff of the Office of the Vulnerable Persons’ Commissioner in Winnipeg. Contact information is available on the CD.

Protect Your Elderly Parents

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