Service Overview
Focused legal support for guardianship application
A guardianship application is used where a person needs legal authority to manage the property or personal care of someone who is incapable of making those decisions independently. Depending on the circumstances, the application may relate to financial management, health care, living arrangements, or both.
Guardianship is often considered when an incapable person does not already have a valid Power of Attorney for Property or Power of Attorney for Personal Care in place.
Types of guardianship in Ontario
Guardianship matters may involve:
- Guardianship of Property, which deals with financial transactions, bills, bank accounts, investments, and assets
- Guardianship of Personal Care, which deals with health care, shelter, nutrition, safety, and other personal decisions
Common steps in the process
The process often includes:
- A capacity assessment from a qualified professional
- Identifying who is applying and whether they are suitable for the role
- Preparing the court materials required by the Ontario Superior Court of Justice
- Explaining why formal authority is needed
Responsibilities of a guardian
A guardian is expected to act in the incapable person’s best interests. Depending on the role, that may include managing assets responsibly, supporting the person’s quality of life, encouraging participation in decisions where possible, and maintaining appropriate communication with family and caregivers.
Our office helps clients assess whether a guardianship application is the right step and guides them through the legal process with practical advice.