Siskinds Law Firm
By John Morrissey
December 7th, 2023
Being a guardian comes with a significant amount of responsibility. Learn more about “What is it, when is it required and other FAQs”…
The circumstances which give rise to guardianship vary. A person may require a guardian as a result of a disability the person has had since birth, or an acquired disability arising from an accident, and/or a cognitive illness (such as dementia or Alzheimer’s) that renders a person incapable of making a decision on their own behalf.
In Ontario, there are two forms of guardianship. Guardians of property make decisions with respect to the management of an incapable person’s property and finances. Guardians of the person make decisions with respect to one or more areas of a person’s personal care, including hygiene, clothing, shelter, nutrition, safety, and health care.
Whether a person is capable of making decisions on their own is a legal determination.
Sometimes it is obvious that a person is incapable whereas in other instances, it can be quite tricky to determine whether a person is capable. Before a Court will appoint you as a guardian, the Court must be satisfied that the alleged incapable person is, in fact, incapable of managing their property and/or making personal care decisions.
Have you been told that you need to obtain “guardianship” to assist a loved one with their property and finances? Are you uncertain what guardianship is, what being a guardian entails, or how to go about obtaining guardianship? If you answered “yes” to any of these questions, this article is a good starting point on your journey towards guardianship.
