Application for Appointment of Guardian for Property for Adult in Ontario - All You Need To Know

As you or your loved ones age, it may become necessary to appoint a guardian for property to make decisions regarding their financial affairs. In Ontario, this process is regulated by the Substitute Decisions Act, 1992 (SDA).

At Marwah Law, we understand the importance of making informed decisions when it comes to appointing a guardian for property for an adult. In this blog, we aim to provide you with a comprehensive guide to the process of applying for the appointment of a guardian for property in Ontario.

Who Can Apply for the Appointment of a Guardian for Property?

According to the SDA, any person who is at least 18 years of age and mentally capable can apply for the appointment of a guardian for a property. This includes family members, friends, or any other person who has a genuine interest in the well-being of the adult in question.

The Application Process

The application for the appointment of a guardian for a property is made to the Ontario Superior Court of Justice. It is important to note that this process can be time-consuming and complex, and it is highly recommended to seek the assistance of an experienced lawyer to guide you through the process.

The application must include the following information:

• The full name, address, and date of birth of the person for whom the guardian is being appointed

• The name and address of the proposed guardian

• The reasons for the appointment of the guardian, including a description of why the adult is incapable of managing their property

• The type of property that the guardian will be managing

• Any other relevant information

The application must also be accompanied by a capacity assessment, which is a report prepared by a qualified assessor who has evaluated the adult's mental capacity to manage their property.

Once the application has been filed, it will be reviewed by the court, and a hearing date will be set. The adult in question, as well as any other interested parties, will be notified of the hearing date.

At the hearing, the court will consider the evidence presented, including the capacity assessment, and will make a decision on whether or not to appoint a guardian for the property. If a guardian is appointed, the court will specify the powers and duties of the guardian, as well as any limitations or restrictions on those powers.

Applying for the appointment of a guardian for property for an adult can be a complex and time-consuming process, but it is essential to ensure that the adult's financial affairs are managed appropriately. At Marwah Law, we have extensive experience in guiding clients through this process, and we can provide you with the necessary legal advice and support to ensure that your loved ones are well taken care of.

If you have any questions or require assistance with the application process, please do not hesitate to contact us.