While this paper does not deal in detail with the processes used to determine
whether a person is capable or not, it is useful to outline the different types of
guardians and how these guardians obtain the authority to make decisions on
behalf of another person.
- Guardians of Property
There are two types of guardians of property.
1) Statutory guardianships for property
- These can be held by the Office of the Public Guardian and
Trustee (PGT) or; - Upon application to the PGT, can be transferred by the PGT to
a family member.
- Court appointed guardians of property.
a. Statutory Guardians: Office of the Public Guardian and
Trustee
Pursuant to s. 16 of the SDA, the Office of the Public Guardian and Trustee is the
default statutory guardian of property for all persons found incapable of
managing property if no other substitute decision maker, such as an attorney for
property, is already in place. The PGT will take control of all financial assets and
other property and administer this property on behalf of the “incapable” person.^17
Individual “clients” are given a client representative with whom the individual can
(^17) I use the term “incapable” person to refer to a client or person who is subject to a guardian or
SDM. I use quotation marks around incapable, since a person can be officially or legally
incapable even though they are no long actually incapable. So while “incapable” may reflect their
legal status, it does not necessarily reflect the reality of their situation.