In which voluntary guardianship adjudications must the family court examine the voluntary ward, and when may it skip that examination?
General information · Not legal advice
Material to check
In practice material we read the application, because it shows whether the adjudication sought is an appointment of a supervisor or permission to terminate the guardianship contract, the only two the examination duty reaches. We also read the record of the examination and any medical or other record bearing on whether the ward could state a will or attended.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the duty to two kinds of adjudication only: where the family court makes an appointment of a voluntary guardianship supervisor, or a permission ruling on termination of the guardianship contract, it must examine the person who is or is to become the voluntary ward. It need not do so where that person cannot state a will, refuses to attend, or other special circumstances make examination impossible.
Another reading reads the scope narrowly: the duty does not reach an adjudication changing a supervisor or dismissing a voluntary guardian, however closely those concern the ward. Where an inspection is needed for the examination, the Civil Procedure Act provisions on inspection apply by reference, and the provision leaves open what amounts to a 'special circumstance' making examination impossible.
Your judgment
Where a ward neither attended nor was examined and the record gives no reason, what evidence could show that examination was impossible for special circumstances?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add further kinds of adjudication to the examination duty, or if a family court decision explains what counts as a special circumstance making examination impossible.