A guardianship application asks the court to give one person legal authority to make decisions for another who cannot make them alone. It arises in two quite different situations: an adult who has become incapable without valid powers of attorney, and a child who is to receive money or property. This page explains both. Law Wise is based in Mississauga and serves the entire GTA and Ontario.
Guardianship for an incapable adult
When an adult can no longer manage their finances or make personal care decisions, the first question is whether they signed powers of attorney while they were capable. If they did, the attorney named can act and a guardianship is usually unnecessary. If they did not, or the documents are invalid or the attorney cannot act, someone must obtain legal authority under the Substitute Decisions Act, 1992. There are two kinds of guardian, and a person may need one or both.
- Guardian of property. Manages money, investments, real estate, bills and legal affairs.
- Guardian of the person. Makes decisions about health care, nutrition, shelter, clothing, hygiene and safety.
How the Act defines incapacity
- Property. A person is incapable of managing property if they cannot understand information relevant to a decision about managing it, or cannot appreciate the reasonably foreseeable consequences of a decision or a lack of decision (s 6).
- Personal care. A person is incapable of personal care if they cannot understand information relevant to a decision about their own health care, nutrition, shelter, clothing, hygiene or safety, or cannot appreciate the reasonably foreseeable consequences (s 45).
- Least restrictive option. The court must not appoint a guardian if the need for decisions can be met by an alternative that does not require a finding of incapacity and is less restrictive of the person’s decision-making rights (ss 22(3), 55(2)).
Source: Substitute Decisions Act, 1992, SO 1992, c 30, ss 6, 22, 45 and 55. Read on e-Laws on 11 October 2026 (e-Laws currency date 7 October 2026).
Two routes to guardianship of property
Statutory guardianship. This route does not start in court. A capacity assessor, who is a professional qualified under the Act, assesses the person. If the assessor issues a certificate of incapacity, the Public Guardian and Trustee becomes the person’s statutory guardian of property (s 16). A spouse, partner or relative may then apply to the Public Guardian and Trustee to take over as statutory guardian, filing a management plan for the property (s 17). An assessment for this purpose cannot go ahead if the person asking knows of a continuing power of attorney covering all the property, or of a relative who intends to apply to court.
Court-appointed guardianship. Any person may apply to the Superior Court of Justice to be appointed guardian of property (s 22). The court must find that the person is incapable of managing property and that, as a result, decisions need to be made by someone authorized to make them (s 25). The order may require the guardian to post security, may be for a limited time, and may carry other conditions.
Guardianship of the person
A guardian of the person can be appointed only by the court (s 55). The order must say whether the guardianship is full or partial. Full guardianship is available only if the person is incapable in respect of all of the personal care functions listed in the Act, and it allows the guardian to decide where the person lives, to consent to treatment under the Health Care Consent Act, to make decisions about nutrition, hygiene, clothing, employment, education and social services, and to see the person’s health records (s 59). Partial guardianship covers only the functions for which the court finds the person incapable, and the order lists the guardian’s powers (s 60). Because guardianship of the person removes so much of an adult’s independence, the court looks closely at whether something less would do, such as support from family, a power of attorney the person is still capable of signing, or decisions made treatment by treatment under the Health Care Consent Act, which already allows a spouse, child or other relative to consent to treatment without any court order.
Who can and cannot be a guardian
- A person who is paid to provide health care, residential, social, training or support services to the incapable person generally cannot be appointed, unless they are the person’s spouse, partner or relative, or already their attorney (ss 24, 57).
- A person who does not live in Ontario cannot be appointed guardian of property without providing security in a manner approved by the court (s 24(3)).
- The Public Guardian and Trustee is appointed by the court only if it consents and there is no other suitable person available and willing.
- The court considers the proposed guardian’s relationship with the person, the person’s wishes if they can be learned, and the plan the applicant puts forward.
A guardian’s duties
A guardian of property is a fiduciary who must act diligently, honestly and in good faith for the incapable person’s benefit (s 32). The guardian must keep accounts of every transaction, follow the management plan, consider the person’s comfort and well-being, and manage the property consistently with personal care decisions. The court may order a guardian, or an attorney under a power of attorney, to pass their accounts on the application of the incapable person, a dependant, the Public Guardian and Trustee or another interested person (s 42). A guardian of the person must follow the guardianship plan, involve the person in decisions as far as possible, and choose the least restrictive course available.
Guardianship of a child’s property
Parents are often surprised to learn that they are not automatically entitled to receive or manage money belonging to their child. The issue comes up when a child inherits, receives life insurance or pension proceeds as a named beneficiary, or is awarded damages.
- Small amounts. A person who owes a child money or personal property may pay it to a parent with whom the child lives, or to a person with lawful custody, up to a prescribed amount, which is currently $35,000 (Children’s Law Reform Act, s 51).
- Larger amounts. Either the money is paid into court, where the Accountant of the Superior Court of Justice holds and invests it until the child is 18, or a parent or other person applies to be appointed guardian of the child’s property (s 47).
- The application. It is made on notice to the Children’s Lawyer. The court considers the applicant’s ability to manage the property, the merits of the proposed management plan, and the child’s views where they can be learned (s 49).
- Bond. A guardian must post a bond in an amount the court considers appropriate. The court may excuse a parent from this where it thinks it appropriate (s 55).
- At 18. The guardian must account and hand the property over to the child.
A will with a trust for children, and a trust named as beneficiary of insurance, avoid this process. See trusts.
Steps in a court application
- Confirm there is no valid power of attorneyAnd whether a less restrictive arrangement would meet the need.
- Obtain evidence of incapacityUsually a capacity assessment or medical evidence.
- Prepare the planA management plan for property, a guardianship plan for personal care, or both.
- Prepare and serve the applicationOn the person concerned, close family members and the Public Guardian and Trustee, as the Act requires.
- HearingThe court decides whether the person is incapable, whether a guardian is needed, and who it should be.
- After the orderThe guardian posts any security, takes control of the assets, keeps accounts and reports as the order requires.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about guardianship
My mother has dementia and never signed powers of attorney. What can we do?
If she is still capable of understanding a power of attorney, she may be able to sign one now. Capacity is specific to the decision, so this should be assessed carefully. If she is not capable, a family member can seek statutory guardianship of property through a capacity assessment, or apply to court.
Can I consent to my father’s medical treatment without being his guardian?
Usually, yes. The Health Care Consent Act allows a spouse, child, parent or other relative, in a set order, to give or refuse consent to treatment for an incapable person. Guardianship of the person is needed only where that is not enough.
How long does a guardianship application take?
It depends on how quickly the capacity evidence and plans can be prepared, whether anyone objects, and the court’s schedule. An uncontested application usually takes some months.
Can a guardianship be ended?
Yes. The person under guardianship, or others, may apply to the court to end or change it, for example if capacity is regained. A statutory guardianship can also be ended by a new assessment or by the court.
My child is receiving $60,000 from a relative’s estate. Can the estate pay me?
Not without authority. Above $35,000, the estate trustee will require either a court order appointing you guardian of your child’s property or will pay the money into court.
Does a guardian get paid?
A guardian of property may take compensation in accordance with the Act and its fee scale, and must account for it. A guardian of the person is not paid for making personal care decisions.
Need to act for a family member?
Tell us about the person’s situation and what documents exist. We will explain the options, starting with the least intrusive.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.