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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.

Our Team

Learn more about Leanne Kuchynski.

Leanne Kuchynski

Associate - General & Estate Litigation
Learn more about Paul Strickland.

Paul Strickland

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

Laura Geddes

Associate - Real Estate Services, Wills & Estate Planning

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5 out of 5 stars.

I cannot thank you enough for what you [Chris Collins] and Charlene [Howlett] have done for me! I was so wary and anxious about beginning the legal process, but you and Charlene expertly guided me through it all, every step of the way. Charlene’s timely, patient responses and quick results when dealing with my own insurance company were all truly amazing. Words cannot express how much I appreciate your kindness, thoughtfulness, patience and steady support when I felt so unsure and my head was spinning. The outcome was an amazing, surprise, surpassing my hopes. The timing couldn’t have been more perfect. From the bottom of my heart I thank you so very much! - C.E.

5 out of 5 stars.

I am very thankful to have been represented by Marie [Tukara] in what started as a high conflict marriage separation. I wanted to fight back as hard as possible, but not compromise my own integrity and sense of fairness. Marie was the right lawyer for me, as her integrity and desire for fairness, especially with respect to the children, was in line with my own. I found her to be incredibly competent and efficient in synthesizing a complex story into a concise response for legal documentation. In short, with Marie I was able to neutralize a large amount of unfairness delivered my way without having to stoop to the other party’s level, which is what any self-respecting person would ultimately want from their lawyer in my position. - A.S.

4 out of 5 stars.

When my husband and I bought a business, we chose Siskinds as we had a friend working there. Our purchase was relatively straightforward, and the lawyers involved gave us just the right amount of advice and legal support. They kept the amount of work inline with the size of our business, which was great. I'm giving four stars as our work wasn't complicated, but I wanted to say that you shouldn't be afraid of using a big firm like Siskinds for anything you need. -L.G.