63Appointment of tutor

#### 63 Appointment of tutor 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](/view/html/inforce/current/sl-2005-0418) does not apply to the appointment of a tutor under this rule.