Is there standing to bring an application pursuant to section 5(1) of the Health and Social Care Act?

The Act does not stipulate who has standing to bring an application pursuant to s. 5(1). Subsection 5(5) indicates that nothing limits the “donor from applying for an accounting by the attorney, if the donor has the legal capacity to do so.” The Act does not specify who else may apply for a passing of accounts from the attorney. The only condition precedent for an application pursuant to s. 5(1) is that the donor has become legally incapacitated, which has occurred here. As such, the applicant has standing to bring the application. In support of this conclusion, I note Burns v. Burns, 2002 NSSC 145, where a son sought an accounting by his siblings and his mother, who were attorneys for his father, and there was no issue as to his standing to do so.