Guardianship is the authority to make decisions regarding property and finances or personal care on behalf of another person. An Application for Guardianship for an adult falls under the SDA, whereas Guardianship for a minor’s child’s property and decision-making for a child falls under the Children’s Law Reform Act (“CLRA”). These comments are directed at Guardianship Applications for an adult.
Guardianship applications are lengthy, detailed and require having management plan in place to care for the assets of the incapable person and or a guardianship plan to address the personal care needs of the incapable person. We offer advice and guidance to clients in the often emotionally difficult process of applying for guardianship and assist in gathering supporting documents and with the accurate completion of a guardianship application. As a law firm of advocates, we are committed to helping you achieve an outcome that is in the best interests of your loved one.
Guardianship is often sought in cases when the adult incapable person did not have a valid Power of Attorney for property. A close relative, such as a parent, child, spouse or sibling, may apply to the court to be appointed guardian to manage the person’s finances. The management plan for the assets and debts of the incapable person must be in the best interest of that person. In such circumstances, our lawyers can help you obtain the evidence that the person is incapable of managing their property, complete the full application, with the advice of financial experts if necessary. This may include a management plan dealing with the incapable’s assets, including all financial assets and the home, car, jewelry and other personal items. Throughout the process of applying for guardianship, we stand with you as you take necessary steps for the protection and well-being of your loved one.
It may be the case that there is a disagreement or contest over who is the appropriate guardian for property or personal care. Disagreements may also occur as to whether different individuals are required for these different purposes. These disagreements can also be emotionally draining and difficult. Managing the relationships to attempt to address concerns and bring an uncontested application is often in the best interests of the incapable. If an out of court solution leading to the desired result is available, we have the experience to find it. If litigation is required, we have the team to provide efficient and cost conscious representation.
