Nussbaum Law
By Barry Nussbaum
August 21st, 2025
Choosing a Guardian in Ontario: Your Complete Guide to Protecting Your Children’s Future
What happens when parents don’t choose guardians properly? The courts step in. Your children become part of a legal process instead of seamlessly transitioning to the loving family member you had in mind. Understanding the legal framework will help you make better decisions for your family.
Understanding Guardian Selection Under Ontario Law
Under the Children’s Law Reform Act, parents have the legal authority to appoint one or more individuals as guardians for their minor children. This appointment can be made in your will or through a specific legal form. The keyword here is “minor” – we’re talking about children under 18 years of age.
Here’s how the process unfolds if both parents pass away. If you have a legally binding will that names a guardian, that person has up to 90 days to apply to the Ontario Superior Court of Justice for permanent legal guardianship. During this period, they can care for your children, but they need that court order to have full legal authority.
The court’s primary consideration? Your children’s best interests. But here’s where your guardian choice in your will carries significant weight. The court may heavily rely on the wishes you express in your will to gain an understanding of what you believe would be in their best interests. This is why the selection process is so crucial – you’re not just choosing a caregiver, you’re providing the court with your expert knowledge of what’s best for your specific children.
What if only one parent dies? If one parent dies, the surviving parent becomes the child’s sole legal guardian. Your guardian appointment only takes effect if both parents pass away or if the surviving parent is unable to care for the children.
You can name more than one person to have guardianship of your children, such as a couple. This often makes sense when you’re selecting married relatives. However, there are risks to consider – what happens if that couple divorces? What if one spouse predeceases the other? I usually recommend that parents think carefully about naming both spouses versus naming just one primary guardian.
