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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 20 October 2017 at 07:04)
63   Appointment of tutor
(cf former Part 78, rule 59)
(1)  Any person may apply for an order appointing the person as tutor for a person under legal incapacity.
(2)  The application may be made:
(a)  except as provided by paragraph (b), by summons, or
(b)  if proceedings on an application for the grant of probate or administration have already been commenced, by notice of motion in the proceedings,
and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.
(3)  There is to be no defendant in proceedings on a summons referred to in subrule (2) (a).
(4)  A tutor must not be appointed unless:
(a)  he or she is the person applying for appointment, or
(b)  evidence of his or her consent to act as tutor has been filed.
(5)  Subject to rule 62 (4), Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 does not apply to the appointment of a tutor under this rule.