Guardian applications are a mechanism to have a person appointed as an elderly person’s decision-maker when an attorney is removed or no valid powers of attorney exist. The legislature is understandably cautious about taking someone’s individual liberties away without first establishing that they lack the capacity to manage their property and/or personal care, and that the proposed appointee would look after the incapable person’s best interests, and has a concrete plan to care for them. This seminar will discuss the procedure to seek guardianship, implications of seeking a declaration of incapacity, the requirement of preparing a management plan and guardianship plan, the importance of passing accounts post-appointment, and the role of the Public Guardian and Trustee.

Topics include:

• Reasons to bring application
• Procedural Issues
  • Service of family members
  • Appointment of s. 3 counsel
  • Capacity assessments – voluntary and ordered
  • Declaration of incapacity
• Management Plan & Guardianship Plan
• Ongoing passing of accounts
• Role of the PGT