Guardians can be appointed where an individual is no longer capable of making decisions regarding their property (including real estate and finances) or personal care.  Not only can this be an emotional and challenging decision for the individual dealing with their loved one’s incapacity, but it can also have serious legal and financial implications for the estate if the parties are not careful.

Prior to making such an application, it is important to consult with an experienced estate lawyer to understand your options. At Wahab Law, we provide effective legal counsel and assistance with guardianship matters, including applications for guardianship. We are experienced, compassionate, and understanding, and strive to ensure that your loved one is protected. We ensure our clients have all of the information they need to make informed decisions during the application process and beyond.

Court Application for Appointment of Guardian for Personal Care

Guardians for personal care are appointed to manage the personal affairs of a person unable or incapable of doing so themselves, and includes managing: hygiene, nutrition, shelter, healthcare, clothing, and/or safety. Guardians for personal care are appointed by the court. 

Court Application for Appointment of Guardian For Property

Guardians for property are appointed to manage the financial affairs of a person unable or incapable of doing so themselves. Guardians for property are appointed by the court, or via a capacity assessment made pursuant to the Substitute Decisions Act.

Statutory Appointment of Guardian For Property  

A health professional (capacity assessor) who has received special training in assessing mental capacity may, in some cases, appoint the Office of the Public Guardian and Trustee (OPGT).  Anyone who is concerned about a person’s ability to look after his or her finances may ask a capacity assessor to conduct an assessment providing there is no power of attorney and the person involved does not object.

If the person is incapable, the OPGT will become the guardian of property and a family member may then apply as discussed above. 

Contact Wahab Law for assistance with Applications for Guardianship.