many cases, it is probably in the client’s best interests to replace the PGT with a
family member guardian, particularly if it is possible to work with the family
member in advance to ensure that they understand what is expected of them and
the limits of their powers.
A person under a statutory guardianship may also apply to the Consent and
Capacity Board for a review of the finding that they are incapable of managing
property.^37 If the Board is convinced that the person is capable of managing their
property, the guardianship of the PGT will be terminated.
The Superior Court of Justice, may also, upon an application by the person who
is subject to the guardianship, terminate or suspend the powers of a statutory
guardian pursuant to s. 20.3 of the SDA.
The PGT can also be removed as guardian of property if the person submits to a
capacity assessment, performed by a designated capacity assessor, and the
assessor declares the individual capable of property management. A positive
capacity assessment is sufficient to terminate a statutory guardianship whether it
is exercised by the PGT directly or by a family member.^38
(^37) See Substitute Decisions Act, 1992, s. 20.2.
(^38) A statutory guardianship can be terminated (s. 20 SDA) if
- A guardian is appointed by the Court (under s. 22 SDA)
- Notice of the guardian’s resignation is given by the guardian to the person and the PGT
- Notice is given to the Guardian from an assessor stating that the assessor has performed
an assessment of the person’s capacity and is of the opinion that the person is capable of
managing their property - The time for an appeal from a decision of the Consent and Capacity Board on an
application under s. 20.2 has expired, if the Board determines that the person is capable
of managing property and no appeal is taken or - An appeal from a decision of the Consent and Capacity Board on an application under s.
20.2 is finally disposed of, if an appeal is taken and it is finally determined that the person
is capable of managing property.