Disability Law Primer (PDF) - ARCH Disability Law Centre

(coco) #1

Guardians, either statutory or court appointed, have obligations. Most
importantly, guardians of property must maintain financial records and account
for their dealings with the incapable person’s assets. Similarly, guardians of the
person should keep detailed notes of all other activities taken on behalf of the
incapable person. Guardians should also, to the extent possible, involve the
‘incapable” person in their decisions making and make every effort to promote
the person’s independence.^24


Although there are variations in the precise obligations and duties of guardians
depending upon the type of guardianship in question, in general all guardians are
subject to the following obligations.


a. Guardians of Property

The SDA lists the powers and duties of a guardian of property as follows:



  • s. 32. (1) A guardian of property is a fiduciary whose powers and duties
    shall be exercised and performed diligently, with honesty and integrity and
    in good faith for the incapable person’s benefit.

  • s. 32. (2) A guardian shall explain to the incapable person what the
    guardian’s powers and duties are.

  • s. 32. (3) A guardian shall encourage the incapable person to participate,
    to the best of his or her abilities, in the guardian’s decisions about the
    property.


(^24) See Substitute Decisions Act, 1992, s 66(8).

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