Search results
People also ask
How do I become a guardian of property in Ontario?
How do I become a guardian of an incapable person?
Do I need a guardian if I am mentally incapable?
Who can appoint a guardian for an incapable person?
How can a guardian of property be appointed?
How do I become a guardian?
There are two ways to become a guardian of property: If the person is now incapable, you can apply to the Ontario Superior Court of Justice to be appointed a guardian by a judge in a court proceeding.
If there is not a POA made in advance of becoming mentally incapable, family and friends may need to take additional steps such as asking the court to appoint someone as a guardian, or, the Public Guardian and Trustee could be appointed. What happens will depend on a person’s individual situation.
We function in accordance with the Public Guardian and Trustee Act and other laws, including the Substitute Decision Act, 1992. If you suspect that a person may be incapable and at risk of harm, abuse or neglect, call the OPGT’s Investigations line at 416-327-6348 or Toll Free 1-844-640-3615.
Feb 16, 2022 · To become someone’s guardian, you must bring an application in the Ontario Superior Court of Justice seeking to be appointed. Alternatively, if the Public Guardian and Trustee (“PGT”) is already acting as someone’s guardian, their spouse, partner, or relative can apply to the PGT to replace the PGT as guardian.
If the person is incapable, the OPGT will become the guardian of property and a family member may then apply as discussed above. More information about capacity assessments may be obtained by calling the Capacity Assessment Office at 416-327-6766, TTY: 416-314-2687 or toll-free at 1-800-366-0335.
- 213KB
- 11
The first way that a guardian of property can be appointed is by a court order. Any person may apply to court to be appointed as guardian of the property of someone who is mentally incapable. There are restrictions on when a guardian of property can be appointed by the court.
Feb 15, 2020 · To become a guardian of the person in Ontario, you must be appointed by the court, and a court will not appoint you guardian if there is an alternative that is less restrictive of the incapable person’s decision-making rights that does not require the court to declare him or her incapable.
