That application includes an affidavit that provides evidence of: In both cases, you would need to complete an application for guardianship. In other circumstances, the OPGT has been named the guardian, and you would need to apply to replace them. An application for guardianship would be made to the court to have a guardian appointed. In some instances, a person may not currently have a guardian but need one. A guardianship is limited to the types of decisions that an incapable person cannot make, as determined by the courts. However, they cannot make personal care decisions, make a will on the incapable person’s behalf or sell property that is specifically gifted in a will (although there are some exceptions to this).Ī person may be capable of making some decisions and not others. In contrast, a guardian of a person is accountable for decisions related to health care, nutrition, shelter, clothing, hygiene, and safety.Ī guardian of property can open and close bank accounts, pay bills, apply for benefits and buy goods and services. What is the difference between guardianship of property and guardianship of a person?Ī guardian for property is responsible for managing anything that the incapable person owns. When someone does not have a power of attorney in place, if a power of attorney is invalid, or if the named person is unwilling or unable to take on that responsibility, then you need to discuss guardianship. It is preferable to have a power of attorney because you choose who will decide on your behalf if you become incapacitated. What is the difference between a power of attorney and guardianship?Ī power of attorney sets out someone’s wishes if they cannot make decisions related to their property or personal care. You can read more about capacity assessments here. A specific class of professionals called capacity assessors make this determination. Mental incapacity is a term used to describe someone who cannot make decisions for themselves due to illness or injury. The Substitute Decisions Act, 1992 governs this process and you must work with the Office of the Public Guardian and Trustee (OPGT).Īnyone over the age of 18 can be a guardian, but you should have a close relationship with the incapable person and demonstrate why you are trustworthy and responsible. It is a means of protecting someone who would otherwise be vulnerable. Simply put, guardianship means that someone steps in and takes on the decision-making responsibilities for an incapable adult. What is guardianship and who can be a guardian? ![]() Our team can help you with compassion and care during this emotionally charged situation. We hope the answers to these questions give you peace of mind about the process, and we encourage you to book a call with our office to discuss your specific situation further. ![]()
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