Zazula, Re, (2004) 247 Sask.R. 152 (QB)

• Judge: Foley, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 31, 2004
• Jurisdiction: Saskatchewan
• Citations: (2004), 247 Sask.R. 152 (QB);2004 SKQB 32

Zazula, Re (2004), 247 Sask.R. 152 (QB)

MLB headnote and full text

Temp. Cite: [2004] Sask.R. TBEd. AP.040

Application For Appointment of a Decision-maker Other Than a Temporary Personal Guardian or Temporary Property Guardian and In The Matter Of The Adult Guardianship and Co-decision-making Act, S.S. 2000, c. A-5.3

(2004 Q.B.G. No. 152; 2004 SKQB 32)

Indexed As: Zazula, Re

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Foley, J.

January 31, 2004.

Summary:

Zazula was a dependent adult who suffered from dementia of an Alzheimer type. Her niece (Goodman) was appointed as her temporary guardian in December 2003. Goodman and Zazula's sister (Kirk) each applied to be appointed as Zazula's personal and property guardian.

The Saskatchewan Court of Queen's Bench appointed Goodman as Zazula's personal and property guardian.

Guardian and Ward - Topic 241

Appointment and qualifications of guardian - Of incompetent persons - General principles - Zazula was a dependent adult who suffered from dementia of an Alzheimer type - Her niece (Goodman) was appointed as her temporary guardian - Goodman and Zazula's sister (Kirk) each applied to be appointed as Zazula's personal and property guardian - Zazula's nutritional needs were being met through intravenous transfusion - Under her authority as temporary guardian, Goodman had refused to consent to a tube-feeding procedure being effected - Kirk disagreed with that decision - The Saskatchewan Court of Queen's Bench appointed Goodman as Zazula's personal and property guardian given the relationship she had established with Zazula and her attention to Zazula's well being - The court stated that this proceeding was not the appropriate one in which to judge Goodman's decision not to consent to tube-feeding - Stakeholders in Zazula's care could have challenged the treatment decision, but none had done so - The court declined to deal with the issue or allow it to colour its review of the competing applications.

Cases Noticed:

Saskatchewan (Minister of Social Services) v. F.P. and L.P. (1990), 83 Sask.R. 161; 69 D.L.R.(4th) 134 (Prov. Ct.), refd to. [para. 17].

Wintersgill, Re (1981), 15 Sask.R. 435; 131 D.L.R.(3d) 184 (U.F.C.), refd to. [para. 17].

Counsel:

R.W. Danyliuk and S.M. Wickenden, for the applicant, Marian Goodman;

D.H. Hnatyshyn, for the applicant, Anastasia Kirk.

These applications were heard before Foley, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on January 31, 2004.