What you need to know about Adult Guardianship?

Rachel Merucci from TBH Legal joined us to answer all our questions about adult guardianship. Adult guardianship in Ontario is a legal mechanism designed to protect individuals who are unable to make certain decisions for themselves due to physical or mental incapacity. It allows a designated guardian to make decisions on behalf of an adult who has been deemed incapable, with the goal of safeguarding the person’s well-being and managing their affairs. Someone might need an adult guardian instead of a Power of Attorney (POA) if they didn’t establish a POA before becoming mentally or physically incapable.

What if it's too late to create a Powers of Attorney?

We all know we should have a Will and Powers of Attorney (POA), but what do we do if we need a POA and don’t have one? That’s what Adult Guardianship is for.

Powers of Attorney vs. Adult Guardianship

In general, Powers of Attorney are created by someone when they are mentally capable in case they need it in the future, and they pick who they want to step in to make decisions for them. An adult guardian is someone who steps up and asks to be picked for the responsibility because their loved one has been proven to be mentally incapable.

What are the two types of Adult Guardians?

Adult guardianship appears to be modelled after Powers of Attorney. There's guardianship of personal care, and personal care of property.

What age does someone need an Adult Guardian?

In Ontario as soon as someone is 18 years-old they are assumed to be mentally capable to make their own decisions. If someone is not mentally capable they could require an adult guardian at 18 years-old.

Why might you need to be an Adult Guardian?

Caregivers to incapable adults have to have the legal authority before they can step in to make decisions, apply for benefits, pay bills, etc.

How do I become an Adult Guardian?

There are two ways to become an adult guardian - through a judge in court, or through an application process through the Office of the Public Guardian and Trustee.

What is the process to become Adult Guardian of Property?

If you are to apply to be an adult guardian of procerty through the application process, the process involved picking a capacity a assessor for your loved one, answering questions about the incapable adults expenses and assets, and reading and understanding the responsibilities of an adult guardian. Everything is sent to the Office of the Public Guardian and Trustee, who is responsibile for granting adult guardianship.

How long does it take to be granted Adult Guardian of Property?

It usually takes about 1 month to complete the Adult Guardian of Property application, and once the application has been submittied it typically takes 3 weeks to 6 months to be approved.

Is the process to become an Adult Guardian different at different ages?

No, it's the same at all ages as long as the incapable adult is at least age 18.