When a family member can no longer manage their finances or personal care, and no powers of attorney are in place, Ontario law provides a way for you to step in and protect them. MZS Lawyers guides families through court-appointed guardianship applications — clearly, compassionately, and without unnecessary complexity.

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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. A formal capacity assessment by a qualified Capacity Assessor is required to establish that the person is legally incapable. Once obtained, we draft the court application and supporting affidavit, prepare the required Management Plan or Guardianship Plan, serve the incapable person, 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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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, including contested guardianship proceedings, and we are experienced and comfortable in court when your matter requires it.

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We also assist where an existing guardian is not acting in the best interests of the incapable person, 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. For more information about our dedicated guardianship practice, visit ontarioguardianship.com.