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  2. 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.

  3. A litigation guardian is a person who assumes responsibility for a lawsuit on behalf of another person. The litigation guardian will take steps in the lawsuit, like filing a statement of claim, on behalf of the minor or incapable person.

  4. 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.

  5. Sep 2, 2021 · In other words, a defendant who wishes to be certain when the limitation period will end, can bring an application or motion to appoint a litigation guardian such that the limitation period will resume or commence.

  6. 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.

  7. 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.

  8. 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.