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A Guardianship Application or acting as a Guardian of Property can be challenging to navigate. Our estate lawyers have the knowledge and expertise to guide you through these challenges. Whether commencing a Guardianship Application for an adult or child or acting as a Court-appointed Guardian of Property, we are here to help.

Adult and child Guardianship Applications

When a person becomes incapable and a Power of Attorney for Property and/or Personal Care has been executed, the Attorney appointed can act under the document by managing the financial and personal affairs of the incapable person. However, if the person did not execute a Power of Attorney for Property and/or Personal Care before they became incapable, a decision maker will likely need to be appointed by the Court, in order to have the authority to manage the financial and personal affairs of the incapable person. This process is known as a Guardianship Application under the Substitute Decisions Act.

When there is no one with the legal authority to manage a minor’s property, the minor’s funds are to be paid to the Accountant of the Superior Court of Justice, unless the minor’s assets do not exceed $35,000, or a Guardianship Application is commenced and a Guardian of Property is appointed by the Court. This process is known as a Guardianship Application under the Children’s Law Reform Act.

Whether it is commencing a Court Application for an adult or minor Guardianship, the Siskinds Estate Team has the expertise in commencing these Applications and will carefully guide the proposed Guardian throughout the process so that the Guardian is aware of their responsibilities and duties as Guardian.

Acting as a Court-appointed Guardian of Property for a child or adult

Acting as a Guardian of Property for an individual who is incapable of making their own property decisions can be an overwhelming task for a friend or family member. When there is no one willing or able to act as Guardian of Property, a Siskinds lawyer can assist. As Court-appointed Guardians of Property, we have the extensive knowledge and experience necessary to:

  • develop an appropriate management plan for property
  • keep proper accounting records as required by legislation
  • consult with the individuals making personal care decisions
  • work with service providers and supporting family members

Our goals as Court-appointed Guardians of Property are to assist the individual in realizing their full potential by developing their skills and abilities, as well as ensuring community involvement. We involve them in all decisions and plans, to the extent that they are able, and build on their present circumstances to create a secure plan for the future including accessing available government programs and income tax incentives. Our guiding principle is to make timely, informed, and effective decisions, in the person’s best interests that are tailored to each unique situation.

View an extensive article that outlines our team in more detail here.

Our Team

Learn more about Leanne Kuchynski.

Leanne Kuchynski

Associate - Estate Litigation
Learn more about Paul Strickland.

Paul Strickland

Partner - General Litigation, Estate Planning
Learn more about Laura Geddes.

Laura Geddes

Associate - Wills & Estate Planning

Lawyers Across Our Firm

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Thank you Anna and staff. Yesterday was exhausting as you said but it was also interesting to watch the whole process. It was also refreshing to see such strength , kindness and compassion on your part in what looks to be a very harsh, ruthless environment. Thank you for your perseverance throughout the day to reach the best deal for M. that you could under the circumstances. It is a relief to know that this part of the process is over and that he now has a much better chance of securing a peaceful life. - J.

Hello, finally stopping by to say thank you for everything! I had the honor of having Jill McCartney work my case, amazing person to work with she is very nice, explains things very thoroughly. No complaints. - K.W.

As the COO of a midsize company I contacted Siskinds with regards to an intricate and somewhat challenging H.R. issue, and we were directed to Christopher Sinal. Upon review of this complex situation, his in depth knowledge of H.R. law allowed us to construct a clear and strategic plan. Phone calls and email enquiries were dealt with efficiently and timely. Chris displayed his competency and confidence in our final negotiations to bring closure to the case. We appreciate his preparedness and professionalism in representing our firm. - B.D.