Understanding Guardianship in Ontario: What Families Need to Know

 

Making decisions for a loved one who can no longer manage their own affairs is never easy. Whether due to illness, disability, or age-related decline, the responsibility of acting in someone else’s best interest is a serious one. In Ontario, this legal responsibility is referred to as guardianship — and it plays a critical role in protecting individuals who cannot care for themselves.

At Ramachandran Law, we help families navigate the legal and emotional complexities of guardianship with compassion, clarity, and care. If you’re considering applying for guardianship of a loved one, here’s what you need to know.

What is guardianship in Ontario?

Guardianship is a legal process in which a person (the guardian) is appointed by the court to make decisions for another person (the incapable person) who is unable to make those decisions themselves. Guardianship may be needed for:

• Property decisions (financial, legal, and asset-related)
• Personal care decisions (health, housing, safety, and hygiene)

In Ontario, the Substitute Decisions Act, 1992 governs how guardianships are established and monitored.

When is guardianship necessary?

Guardianship is generally considered a last resort, used when no other legal arrangement — such as a power of attorney — is in place, and the person cannot make decisions independently.

Common situations that may require guardianship include:

• A senior with advanced dementia who never appointed a power of attorney
• An adult child with a developmental disability turning 18
• A person in a coma or persistent vegetative state without prior legal documents
• A person who has suffered a traumatic brain injury affecting their capacity

The court must be satisfied that the individual is incapable of making decisions and that guardianship is necessary to protect their well-being or assets.

Who can become a guardian?

To become a guardian in Ontario, you must:

• Be over 18 years of age
• Be mentally competent
• Not be in a conflict of interest with the person
• Be willing and able to carry out the duties involved

In most cases, the court will appoint a family member, but where no suitable person is available, the Office of the Public Guardian and Trustee (OPGT) may step in.

What’s the difference between guardianship of the person and guardianship of property?

There are two types of guardianship in Ontario:

1. Guardianship of the Person

This grants authority to make personal care decisions, such as:

• Medical treatment
• Nutrition and shelter
• Hygiene and clothing
• Safety and day-to-day routines

2. Guardianship of Property

This allows the guardian to manage:

• Bank accounts
• Investments and real estate
• Payment of bills and debts
• Government benefits or pensions

The court may appoint one person for both roles or separate individuals for each, depending on the situation and the applicant’s qualifications.

What is the legal process for becoming a guardian?

The guardianship application process involves several steps:

1. Capacity assessment — A qualified assessor must confirm that the person is legally incapable of making specific decisions.
2. Court application — The applicant files documents with the Superior Court of Justice, including a management plan (for property) or guardianship plan (for personal care).
3. Notice to interested parties — Family members and the individual must be informed.
4. Court review — The judge will consider the best interests of the person and may approve or deny the application.
5. Ongoing duties — Once appointed, the guardian is legally accountable and must act honestly and in good faith, with periodic reporting to the court or OPGT.

This process can be legally and emotionally complex, which is why professional legal guidance is strongly recommended.

Why work with a guardianship lawyer?

At Ramachandran Law, we provide support through every stage of the guardianship process. Our services include:

• Reviewing whether guardianship is the best option
• Preparing court documents
• Coordinating capacity assessments
• Representing you at hearings
• Assisting with ongoing legal obligations as a guardian

We take the time to understand your family’s situation and help you protect your loved one with dignity and compassion.

Conclusion

Guardianship is a powerful legal tool — but it must be used thoughtfully and responsibly. Whether you’re planning ahead for a loved one or responding to a crisis, understanding your options and rights is essential.

If you believe someone close to you can no longer make personal or financial decisions, the team at Ramachandran Law is here to help. We’ll walk you through the guardianship process, explain your obligations, and make sure your loved one is protected every step of the way.