On this Page:
Start Working Together

FAQs

What is Guardianship?
Guardianship is a role and process that can be necessary if an adult person is mentally incapable of making important decisions regarding their finances, and/or their health care, and they do not have a Power of Attorney document in place for Property and/or Personal Care appointing an individual(s) to act as their substitute decision maker, to make those decisions on their behalf.

A Guardianship appointment can be sought by a parent, a spouse, and/or a trusted family member(s) of the incapable person, so that they are able to act as substitute decision maker for the incapable person.
What is the process to make a Guardian Application?
A Guardianship Application is a court process, through which a substitute decision maker, a “Guardian”, can be appointed for an adult that has been deemed mentally incapable, to make financial and/or personal care decisions on their behalf.

  • Capacity Assessment:
    For both the financial and personal care Guardianship processes, it is necessary for the incapable individual to have a capacity assessment(s) completed, which deems them incapable of making financial and/or personal care decisions.

  • Court Application:
    An Application must be filed with the court, which sets out the intended individual(s) to be appointed as Guardian(s). This Application must be served on the necessary individuals, which includes the alleged incapable person, all members of the incapable person’s immediate family, and the Public Guardian and Trustee.
    An Affidavit sworn by the individual seeking appointment as Guardian must also be submitted to the court with the Application, which sets out the facts surrounding why an appointment is being sought, including the background information on the incapable person, the evidence of incapacity and the need for a Guardian for property and/or personal care, as well as who should be appointed as Guardian and why.

  • Plans:
    For each type of decision, financial or personal care, there is a necessary Plan that must be submitted along with the Application to the court, which sets out the steps that will be taken by the named Guardian(s) on behalf of the incapable person, to ensure that their best interests are represented:

  • For Guardianship of the Person:
    This process involves the creation of a Guardianship Plan, which sets out the plan for personal decision making.
    The topics addressed in the Guardianship Plan include: Healthcare (including treatment), Nutrition, Hygiene, Shelter/Living arrangements, Safety.
    The intention of the Guardianship Plan is to ensure that all aspects of personal care have been addressed, to show a well-rounded understanding of the incapable person’s personal care needs, and the necessary steps to ensure that they can be met.

  • For Guardianship of Property:
    This process involves the creation of a Management Plan, which sets out the plan for the management of any assets of the incapable person.
    The topics addressed in the Management Plan include: Land, Household items, Vehicles, Valuables, Savings Plan, and the intended strategies for Securities, Investments, and Business Interests.
    The intention of the Management Plan is to ensure that income and expenses are accounted for, and to help anticipate any obstacles or shortfalls that could arise and how they can be addressed.
Can the incapable person be involved in the process?
Yes, they are required to be involved in the process, to the extent that they are able. One of the requirements of a Guardianship application is to serve the interested parties, which does include the person for whom the Guardianship application is being sought.

Service of the incapable person will look different depending on their capabilities. The details of this service will be included in the Application to the Court.
What can I do to prepare for a consultation with a lawyer?
You can determine whether you will be applying for Guardianship for financial and/or personal care, as well as if it will be one person applying or multiple people applying for Guardianship.

You can look for local capacity assessors who may be able to complete the capacity assessment(s) for the incapable person, as this is a necessary component of the Guardianship Application process.

Testimonials

Martha has an exceptionally strong eye for detail and she has a very calm demeanor, which I was grateful for, in and out of the courtroom. Martha's strong sense of organization helped her instill confidence in me as I hired her as my lawyer for the past 4 years.

Martha is an extremely talented attorney who cares a great deal about her clients and her firm. I can say, as a previous client, you will be in good hands through Family Court.

VR Kingston

.....Thank you for everything....You did my Separation Agreement from [ex-spouse], transferred the house, did my will, then this round (where I learned!) and did the Cohab before buying the new house and doing new wills with [spouse]. Thank goodness [friend] referred me to you!....

CH Ottawa

Thank you for everything you did for [my son] and I last week. It was a hard day and I wasn't looking forward to it but as you said I felt comfortable and confident knowing you'd be there with me. I feel like we are a team.

AF Ottawa