communicate. Clients are provided with regular accounting reports. The PGT
charges clients fees for these property management services.^18
b. Statutory Guardians: Other than the Public Guardian
and TrusteeFamily members of an incapable person under the control of the PGT (or in some
cases a trust company), can apply to be appointed statutory guardian by the
PGT; essentially replacing the PGT as the person’s guardian of property. The
family relationship is assumed to enhance trust and communication between the
parties. It is also assumed that family members will be more attentive to the
needs of the incapable person. Also, statutory guardians absolve the PGT of the
responsibility to manage the incapable person’s affairs using salaried
professional staff. Statutory guardians, although entitled to some
compensation,^19 are essentially volunteers who do not impose upon public funds.
Pursuant to s. 17(1) of the SDA, the following people can apply to be appointed
statutory guardian to replace the PGT as guardian of property:
- incapable person’s spouse or partner;
- a relative of the incapable person;
- the incapable person’s attorney under a continuing power of attorney (if
the power of attorney was made before the certificate of incapacity was
issued and does not give the attorney authority over all of the person’s
property); - A trust corporation within the meaning of the Loan and Trust Corporations
Act (if the incapable person’s spouse or partner consents in writing to the
(^18) See Office of the Public Guardian and Trustee, “Providing Property Guardianship Services: The
Role of the Public Guardian and Trustee (2013) online:
< 19 http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/roleinguardianservices.pdf>.
See Substitute Decisions Act, 1992, s 40.