1In this Act,

"nearest relative" means, with respect to a patient,

(a) the adult person listed first in the following clauses, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any clause being preferred to the other of those relatives, regardless of gender:

(i)spouse,

(ii)son or daughter,

(iii)father or mother,

(iv)brother or sister,

(v)grandfather or grandmother,

(vi)grandson or granddaughter,

(vii)uncle or aunt,

(viii)nephew or niece, or

(b) the Public Trustee, if there is not nearest relative within any description in clause (a) who is apparently mentally competent and available and willing to act on the patient's behalf;

"spouse", with respect to a patient, includes a person who although not married to the patient cohabited with the patient as his or her spouse for at least six months immediately before the patient's admission to the facility, but does not include a spouse from whom the patient is living separate and apart.

1In this Act,

"common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship.

"nearest relative" means, with respect to a patient,

(a) the adult person listed first in the following clauses, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any clause being preferred to the other of those relatives, regardless of gender:

(i)spouse or common-law partner,

(ii)son or daughter,

(iii)father or mother,

(iv)brother or sister,

(v)grandfather or grandmother,

(vi)grandson or granddaughter,

(vii)uncle or aunt,

(viii)nephew or niece, or

(b) the Public Trustee, if there is not nearest relative within any description in clause (a) who is apparently mentally competent and available and willing to act on the patient's behalf;

"spouse", with respect to a patient, includes a person who although not married to the patient common-law partner who cohabited with the patient as his or her spouse for at least six months immediately before the patient's admission to the facility, but does not include a spouse or common-law partner from whom the patient is living separate and apart.

49(8)A member of the review board is not eligible to sit on a panel of the review board for an application relating to a person if he or she

(a) is the person's spouse;

(b) is related to the person by blood or marriage;

(c) is a psychiatrist or physician who is treating or has treated the person;

(d) is an officer, employee or staff member of the facility in which the person is being treated;

(e) is a lawyer who is acting for or has acted for the person or for the facility in which the person is being treated;

(f) is a member of a law firm who is acting for the person or for the facility in which the person is being treated; or

(g) is a lawyer who is acting for or has acted for a party opposite in interest to the person in nay proceeding in which the person was a party.

49(8)A member of the review board is not eligible to sit on a panel of the review board for an application relating to a person if he or she

(a) is the person's spouse or common-law partner;

(b) is related to the person by blood or marriage;

(c) is a psychiatrist or physician who is treating or has treated the person;

(d) is an officer, employee or staff member of the facility in which the person is being treated;

(e) is a lawyer who is acting for or has acted for the person or for the facility in which the person is being treated;

(f) is a member of a law firm who is acting for the person or for the facility in which the person is being treated; or

(g) is a lawyer who is acting for or has acted for a party opposite in interest to the person in nay proceeding in which the person was a party.

72(1)Unless the court directs otherwise, an application under section 71 shall include the following:

(a) an affidavit by the applicant, the proposed committee, or another knowledgeable person, stating

(i)name and address of the person alleged to be incapable,

(ii)the circumstances that give rise to the application,

(iii)the name and address of the proposed committee,

(iv)the relationship, if any of the proposed committee to the person,

(v)if the proposed committee is related to the person, the name and address of the person's spouse, children and any other relatives who are of equal or closer relationship than the proposed committee,

(vi)if the proposed committee is not related to the person, the name and address of the person's spouse, children, parents and siblings,

(vii)the proposed committee's consent to act as committee,

(viii)evidence, including age, showing the proposed committee's capacity to act, and

(ix)the value of the person's property;

(b) if the person alleged to be incapable is competent to consent, a signed consent from that person to the appointment of the proposed committee and to dispensing with security under section 77;

(c) a signed consent from each person mentioned in subclause (a)(v) or (vi) to the appointment of the proposed committee and to dispensing with security under section 77;

(d) affidavits by at least two physicians describing the mental condition of the person alleged to be incapable.

72(1)Unless the court directs otherwise, an application under section 71 shall include the following:

(a) an affidavit by the applicant, the proposed committee, or another knowledgeable person, stating

(i)name and address of the person alleged to be incapable,

(ii)the circumstances that give rise to the application,

(iii)the name and address of the proposed committee,

(iv)the relationship, if any of the proposed committee to the person,

(v)if the proposed committee is related to the person, the name and address of the person's spouse or common-law partner, children and any other relatives who are of equal or closer relationship than the proposed committee,

(vi)if the proposed committee is not related to the person, the name and address of the person's spouse or common-law partner, children, parents and siblings,

(vii)the proposed committee's consent to act as committee,

(viii)evidence, including age, showing the proposed committee's capacity to act, and

(ix)the value of the person's property;

(b) if the person alleged to be incapable is competent to consent, a signed consent from that person to the appointment of the proposed committee and to dispensing with security under section 77;

(c) a signed consent from each person mentioned in subclause (a)(v) or (vi) to the appointment of the proposed committee and to dispensing with security under section 77;

(d) affidavits by at least two physicians describing the mental condition of the person alleged to be incapable.