Where a person lacks the capacity to appoint a power of attorney for personal care and/or property, an individual may apply to the court to become appointed as the incapable person’s guardian for personal care and/or property. The proposed guardian can be a family member or a close friend, but, in some cases, the proposed guardian can be a professional who has expertise in the area of managing the personal and/or financial affairs of incapable persons. At Siskinds, we currently have a team experienced in guardianship applications and passing of accounts for guardians of property as well as a professional, Paul Strickland, who has particular expertise in terms of acting as a guardian for property for incapable young adults who have acquired brain injuries from personal injury accidents.

A guardian wishing to be appointed must file court materials that include the following:

1. Information concerning the incapable person’s incapacity and any cognitive or behavioural limitations the person may have and how this impacts their daily living;
2. Information concerning the incapable person’s family history and if applicable, information as to why other persons are unwilling or are unsuitable to become guardian;
3. The proposed guardian’s connection to the incapable person and reasons supporting why the proposed guardian is the most suitable person to become guardian;
4. A detailed management plan outlining how the guardian will manage the incapable person’s personal care and/or finances; and
5. Consent of the proposed guardian to the appointment.

Our estate administration and litigation team work together to assist proposed guardians and incapable persons through this process and will assist in arranging a capacity assessment, drafting application materials, and attending at the court appearance on the application.