What Is Guardianship?
Guardianship is a legal arrangement where an individual (the guardian) is appointed by the court to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves due to age, disability, or mental incapacity. Guardianship can be granted to the person (making decisions about personal care) or the property (managing financial affairs), or both.
— M. Gillespie
"It was great having Erika fighting in my corner. Erika and her capable team always had my best interests at heart and gave me great advice. I couldn't have managed a successful outcome without them."
Guardianship Lawyers in Guelph
Do you have a family member or loved one who needs assistance with decision-making for their personal well-being? The experienced guardianship lawyers at MFC Lawyers are here to help.
We will guide you through each step of applying for guardianship, ensuring that your application is prepared thoroughly and accurately, so you can focus on the well-being of your loved one
Appointing a Guardian
When your loved one is unable to make decisions for themselves, the court may appoint a guardian to protect their best interests. The appointed guardian must always act in the best interests of the person under their care, considering factors such as their wishes, values, and beliefs.
In some cases, the court may appoint more than one guardian, each with different responsibilities.
How Our Firm Can Help You Apply for Guardianship
Experienced lawyers at MFC will guide you through the guardianship application process, including:
- Does your loved one currently have the capacity to make their own decisions?
- What kind of guardian do they need? Do they require assistance with medical decisions and personal care (personal), assistance with finances and assets (property), or both?
- We will prepare and file the necessary application forms and supporting documents including medical assessments, sworn statements, and a proposed guardianship plan.
- We will represent you in hearings before the Court and advocate on your behalf.
- We will ensure you understand all your rights and obligations as a guardian, ensuring that you are fully prepared to comply with Court orders and reporting requirements.
MFC Lawyers can provide you with peace of mind, knowing that your guardianship application is in capable hands, so you can focus on the well-being of your loved one.
Settling Guardian Conflicts
Disputes may arise if two guardians disagree or after a guardian has been appointed. Common conflict includes:
- How best to care for the person under guardianship;
- The suitability of the proposed guardian; or
- Concerns about improper actions by a guardian.
MFC Lawyers’ experienced team is well-equipped to advocate for you through these conflicts. We will guide you to an effective resolution through the best method possible: negotiation, mediation, or litigation.
FAQs About Guardianship
Click to read answers to some of our most frequently asked questions about guardianship.
If you are seeking guardianship of a minor, you can apply to the Ontario Superior Court of Justice or the Family Court. For guardianship of an adult who is mentally incapable of making personal and/or financial decisions, you must apply to the Superior Court of Justice or the Ontario Court of Justice. To initiate the process, specific application forms and supporting documents must be submitted to the Court and served on the person for whom the guardianship application is made, as well as other interested parties. After service, the Court will schedule a hearing to determine the outcome of the application.
Guardianship responsibilities are dependent on the needs of the person requiring assistance. If you have guardianship over a person, you will be able to assist them with decisions about medical care, education, living arrangements, and other personal issues. If you have guardianship over a person’s property, you will be able to manage their financial affairs including bill payments and management of investments and assets, including the sale of real estate or other items.