relies on the veracity of the statements made to the court by the applicant.
Although the approach of individual judges may vary, it is not uncommon in
unopposed guardianship applications, for a guardian to be appointed without the
court undertaking a great deal of scrutiny of the record.
The court appointment process is often used when a person has been injured
and receives an insurance or other financial settlement or where such a
settlement is anticipated. Families also turn to the court when conflicts arise
between family members over the actions of an attorney for property, or there is
a dispute over which family member should become guardian. Given the costs
involved in using the court to appoint a guardian, the process is generally used
only when larger sums of money need to be managed on behalf of an incapable
person or a guardian of the person is required. Otherwise a statutory
guardianship may suffice.
- Guardians of the Person
In Ontario only the Superior Court of Justice can appoint a guardian of the
person. The PGT may be appointed as a guardian of the person, but only in
exceptional cases.^23 Otherwise, a family member can only make decisions
related to personal care matters (other than medical treatment and admission to
long term care) on behalf of another, if they were granted a power of attorney for
personal care by the ‘incapable’ person, while that person was capable. The
process for seeking the appointment of a guardian of personal care is outlined
above (see Court Appointed Guardians of Property).
- Powers, Duties and Obligations of Guardians
(^23) The court shall not appoint the PGT as Guardian under section 55 unless the application
proposes the PGT as guardian and there is no other suitable person who is available and willing
to be appointed. See Substitute Decisions Act, 1992, s 57(2.2).