sec.31Considering respondent’s impaired capacity if respondent does not attend hearing

sec.31 Considering respondent’s impaired capacity if respondent does not attend hearing

This rule applies if the DFVP court— is deciding whether to hear and decide the application, adjourn the application or order the issue of a warrant for the respondent under the DFVP Act , section 39 (2) ; and is aware the respondent is a person with impaired capacity. In making the decision the DFVP court may consider whether— to appoint a litigation guardian for the respondent under rule 29 (3) ; or to continue to hear the proceeding before a litigation guardian is appointed for the respondent. See the DFVP Act , sections 27 and 44 for a DFVP court’s power to make a temporary protection order on adjourning a proceeding. (sec.31-ssec.1) This rule applies if the DFVP court— is deciding whether to hear and decide the application, adjourn the application or order the issue of a warrant for the respondent under the DFVP Act , section 39 (2) ; and is aware the respondent is a person with impaired capacity. (sec.31-ssec.2) In making the decision the DFVP court may consider whether— to appoint a litigation guardian for the respondent under rule 29 (3) ; or to continue to hear the proceeding before a litigation guardian is appointed for the respondent. See the DFVP Act , sections 27 and 44 for a DFVP court’s power to make a temporary protection order on adjourning a proceeding.

• (a) is deciding whether to hear and decide the application, adjourn the application or order the issue of a warrant for the respondent under the DFVP Act , section 39 (2) ; and
• (b) is aware the respondent is a person with impaired capacity.
• (a) to appoint a litigation guardian for the respondent under rule 29 (3) ; or
• (b) to continue to hear the proceeding before a litigation guardian is appointed for the respondent.