application), may apply to be appointed statutory guardian to replace the
PGT as guardian of property.Potential statutory guardians must complete an application process to allow the
PGT to determine their eligibility for the position and to explore any possible
conflicts of interest. They must present a management plan as part of their
application. The PGT charges a fee to process these applications.
The PGT can refuse to accept an application if they feel that the applicant is
unsuitable for any reason. Pursuant to s. 18(3) of the SDA, they must provide
written reasons for their refusal and the applicant can turn to the Superior Court
of Justice to challenge the decision.
Once appointed, a statutory guardian is subject to the obligations and fiduciary
duties outlined in the SDA and the oversight of the PGT.
c. Court Appointed GuardiansGuardians of property can be appointed by the Superior Court of Justice. In most
cases, the guardians appointed by the Superior Court are family members of the
incapable person. In some cases, the PGT can be appointed by the Court to step
in as guardian. All attorneys for property and guardians of property are subject to
the same rules under the SDA.
Court appointed guardianships can provide a guardian with high degree of
control over an incapable person. This is especially true when a guardian is given
power over both property management and personal care decisions (see below).
Although the Court can place limits on the scope of a guardian’s powers, in most
cases, the Court grants guardians comprehensive control over all aspects of
either property management or personal care or both. While court appointed
guardians must still make decisions according to the rules set out in the SDA