C-25 - Code of Civil Procedure

Section 878.1 Disposition versions

1999-05-13

878.1. The rules relating to the representation and hearing of a minor or incapable person of full age apply where, in a proceeding, the clerk or the judge ascertains that the application of these rules is necessary to ensure the safeguard of the rights of a person of full age incapable of caring for himself or of administering his property.

Upon ascertaining the necessity of providing representation to the incapable person of full age, the notary must relinquish the application, inform the interested persons and transfer the matter to the competent court, which is seized of the matter upon the deposit of the notary’s minutes.

1989, c. 54, s. 140; 1992, c. 57, s. 404; 1998, c. 51, s. 10.

1994-01-01

878.1. The rules relating to the representation and hearing of a minor or incapable person of full age apply where, in a proceeding, the clerk or the judge ascertains that the application of these rules is necessary to ensure the safeguard of the rights of a person of full age incapable of caring for himself or of administering his property.

1989, c. 54, s. 140; 1992, c. 57, s. 404.

1990-04-15

878.1. Where, in proceedings, the prothonotary or the judge ascertains that it is necessary for a person of full age who is unable to take care of himself or to administer his property to be represented for the safeguard of his rights, he may, even of his own motion, adjourn the hearing of the application until an attorney is appointed to represent the person of full age.

The judge or prothonotary may also make any order necessary to ensure such representation, in particular to rule on the amount of the fees payable to the attorney of the person of full age and to determine who will pay such fees.

1989, c. 54, s. 140.