Guardianships in Ontario

Unfortunately, sometimes, adults are not able to take care of themselves, most commonly due to physical or mental disabilities. As a result, there are legal mechanisms for these incapable people to be taken care of and have their rights protected. 

Types of Guardians in Ontario

Some of these incapable people need legal guardians to care for them and their property. There are stringent legal requirements for guardians to have the incapable person's best interests at the top of their minds when fulfilling their duties. In Ontario, there are two types of guardianship for mentally incapable adults:

  1. A Guardian of the Person is often a person or a group of people who make decisions about the personal care and daily life of the incapable adult. 

  2. A Guardian of Property is often a person or a group of people who make financial decisions on behalf of a mentally incapable adult.

Both categories of guardians' roles can be time-consuming. To ensure that incapable people are taken care of to the requisite legal standards, the guardians must follow many rules and have many responsibilities.

What to do if you’re considering becoming a guardian?

If you are considering becoming a guardian for an incapable individual, it is vital to seek legal advice because it can often be complex and costly.  Usually, guardians are appointed by the court. Finally, these roles are subject to judicial oversight and oversight from the Office of the Public Guardian and Trustee. 

For more information, visit this website about the Office of the Public Guardian and Trustee https://www.ontario.ca/page/office-public-guardian-and-trustee

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