Are you considering filing an application for guardianship in Ontario, or are you already embroiled in a guardianship dispute? If so, this blog post will provide you with information about both processes. We’ll explain what guardianships are, outline the application process for guardianship in the province and discuss how disputes over guardianships are handled.
What is Guardianship?
In Ontario, a guardian is someone who has been granted legal authority to make decisions on behalf of an adult or child by either a court order or a statutory appointment. A guardian must look out for the best interests of the person they are appointed to care for and can be given the authority to make decisions about their health care, safety and financial matters. In some cases, a guardian may also be responsible for day-to-day decisions like where they live and when they go to school.
Applying For Guardianship in Ontario
When applying for guardianship of another individual in Ontario, there are two main types of applications: Limited Guardian Applications (LGAs) and Plenary Guardian Applications (PGAs). LGAs allow limited decision-making power while PGAs give broad powers over multiple areas such as medical decisions and access to financial resources.
The application process begins with obtaining consent from all those involved (guardian applicant(s), parents/legal representatives etc.). After that, you must complete an application form which requires various documents like proof of identity for everyone involved along with supporting statements from professionals such as doctors or nurse practitioners. After submission of these documents, if your application is approved then you will receive notice from the court that grants you guardian status.
Guardianship Disputes
In some cases, disputes over guardianships arise due to different opinions on how an individual should be cared for by their guardian. In such cases it’s important to remember that any legal action taken should always be focused solely on protecting the interests of the person being cared for — not promoting one guardian’s opinion over another’s.
Before taking any legal action it’s important to understand applicable laws including The Consent And Capacity Board Acts which governs disputes about substitute decision-making regarding personal care and treatment; The Substitute Decisions Act which outlines powers that guardians have; And The Children’s Law Reform Act which outlines various orders related to custody and access. It is always advised that anyone engaging in a dispute consult a lawyer before proceeding further down this route.
Conclusion
Applying for guardianship can be daunting but understanding the process followed by courts in Ontario can ease your journey toward becoming a legally recognized guardian with the right to act on behalf of someone else. Similarly, when it comes to resolving any disputes arising between parties involved it’s wise to understand applicable laws before taking any further steps – often times consulting a family lawyer in Toronto ensures that everyone is informed enough before making any decisions regarding the well-being of those under their care!
We highly discourage anyone from seeking legal advice through this article. Particularly, this article only provides general information, and if you have any further questions regarding Applying for Guardianship and Guardianship Disputes, please contact our family lawyers in Mississauga to book a free initial consultation.
To learn more about guardianship disputes, you can contact one of our specialized estate lawyers. You can reach our office at 905-366-0202 or contact us through our website here.
