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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

With over 80 lawyers who focus on diverse areas of the law, we can help you. Start here.

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I am so thankful to have connected with John [Morrissey] who helped solve our chaotic legal difficulty last summer. I chose Siskinds simply through an online search for local Estate Law. John responded to my general inquiry in a timely manner and presented himself on the phone in a way that invoked confidence and trust. The expertise evident in that initial call was authentic.
John’s kindness, attention to detail, and great skill was so appreciated as we maneuvered a messy family situation. Through the long course of events, I could always count on John to be on top of things, never miss deadlines or important actions, keep me informed, explain procedures, and be patient with various oddities of the family situation. John’s professionalism, responsiveness, and expertise exceeded my expectations. John’s skill in dealing with the argumentative party was exceptional. I will also add, that both Reenya Koshaba and Heather Whitty were extremely helpful, thorough, and detailed in all their work and responses.
I will endorse both Siskinds and John Morrissey to anyone in need of legal assistance. I cannot express enough my gratitude and relief for John’s help in resolving this emotional family controversy. - D.W.

I would like to thank Maciek Piekosz and his amazing team at Siskinds. Thank you for all of your hard work and and supplying me with the best support team ever. You have a wonderful group of people working in your law office and I appreciate every one of you! I will always recommend the Siskinds team and Maciek in particular. I really appreciate how hard Maciek fought for me and will remember the kindness and empathy he has shown me. I am very grateful. - C.B.

Elena [Ashford] and Angela [Belair] have been immensely useful in my application towards permanent residence. Elena's first hand experience as an immigrant brings out a compassionate approach towards her clients, and she is great with her knowledge of the processes involved. She takes a great initiative in ensuring that her clients stay on top of the documents and provides incredible insights into how the application would be viewed by the immigration offices. My application had come to a stand still, and after reaching out to her, it proceeded to approval within a month. Thank you to Elena and her team for all the great work! - C.P.