When a family member can no longer manage their finances or personal care, and there is no valid power of attorney in place, we apply to the court to have you appointed as their guardian.

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Contact us for a free consultation about:

• Guardian of Property Applications

• Guardian of the Person Applications

• Contested Guardianship Proceedings

• Capacity Assessments and Mental Incapacity

• Power of Attorney Challenges

• Financial Elder Abuse

• Court Applications for Guardianship Advice and Direction

• Applications to Pass Accounts

Guardian of Property

When a loved one can no longer manage their banking, bills, real estate, investments, or other financial affairs, a court-appointed Guardian of Property is authorized to handle those decisions on their behalf. This is typically necessary when there is no valid Power of Attorney for Property in place, or where existing arrangements have broken down.

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Our lawyers assist family members and other appropriate parties in obtaining a court order appointing a Guardian of Property. We coordinate the required capacity assessment, draft the court application and Management Plan, correspond with the Office of the Public Guardian and Trustee, serve all required parties, and represent you before the court.

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Guardian of the Person

When someone can no longer make decisions about where they live, what medical care they receive, or how their day-to-day personal needs are met, a court may appoint a Guardian of the Person to make those decisions on their behalf. This type of guardianship is appropriate where no valid Power of Attorney for Personal Care exists, where family members are in dispute over care decisions, or where the Health Care Consent Act does not adequately address the situation.

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Our lawyers guide you through every stage of the process — from the initial capacity assessment through to the court hearing and ongoing guardian obligations. We prepare the Guardianship Plan, draft the application and affidavit, handle service and OPGT correspondence, and represent you at the hearing.

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The Application Process

Every guardianship application is unique, but most follow these broad stages. For many applications, a formal capacity assessment by a qualified Capacity Assessor is required to establish that the person is legally incapable — the specific requirements depend on the type of guardianship sought and the circumstances of the application. Once obtained, we draft the court application and supporting affidavit, prepare the required Management Plan or Guardianship Plan, serve the person whose capacity is in question, any attorney under a power of attorney, immediate family members, and the Office of the Public Guardian and Trustee (OPGT), and represent you at the court hearing before a judge of the Ontario Superior Court of Justice.

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In straightforward, uncontested matters, the process can sometimes be completed within a few months. Where there are disputes — for example, about who should be appointed or the scope of the guardianship — the proceedings may take longer. We provide a realistic timeline assessment once we have reviewed your circumstances.

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Ready to discuss your situation? Book a free consultation or call (613) 722-1313 ext. 2.

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Contested Guardianship Proceedings

Guardianship proceedings can become contested where family members disagree on who should be appointed, dispute the existence or extent of the incapacity, or challenge the terms of the proposed guardianship plan. Our practice spans civil litigation. We have experience representing clients in contested guardianship proceedings before the court.

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We also assist where an existing guardian is not acting in the best interests of the person concerned, or where a guardianship order needs to be varied or terminated. Whatever the situation, we bring a practical, client-focused approach to every matter — explaining your options in plain language and guiding you through each stage without unnecessary complexity.

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Frequently Asked Questions

How long does a guardianship application take?

Uncontested applications can often be completed within a few months, depending largely on the timing of the capacity assessment and the OPGT’s review. Contested applications take longer. We give a realistic estimate after reviewing your circumstances.

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How much does a guardianship application cost?

Cost depends on the type of guardianship, the complexity of the person’s affairs and whether anyone opposes the application. Additional costs can include the capacity assessor’s fees, court fees and, for a guardian of property, a guardianship bond. In many cases the court may order reasonable costs paid from the property of the person concerned. Our free initial consultation reviews your situation, explains your options and advises whether guardianship is the right path. We then provide a fee estimate.

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Is a capacity assessment required?

In most cases, yes. The court needs reliable evidence that the person is incapable of managing property or personal care. We coordinate the assessment and advise on what your application requires. Read more: How Is Incapacity Determined in Ontario?

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What happens if family members disagree?

The application becomes contested and the court decides who should be appointed, considering the person’s wishes, their relationships with the proposed guardians and the proposed plan. Many disputes can be narrowed or settled before a hearing. We act in contested proceedings when needed.

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How can a family member replace the Public Guardian and Trustee as guardian?

If the Public Guardian and Trustee became statutory guardian of property following a capacity assessment, a spouse or partner, relative or certain attorneys can apply to the PGT to replace it. The application includes a management plan and usually does not require a court application. Read more: When the Public Guardian and Trustee Becomes a Statutory Guardian, and How to Replace It

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For more details about Ontario guardianship law, visit our resource site, OntarioGuardianship.com.