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.