The Adult Guardianship and Trusteeship Act allows adults with disabilities to have a legal authority to make decisions in their personal and financial matters under Canadian Law.
Think of a situation where one of your close relatives has lost their reason and become unable to make important life decisions on their own. In such an unbearable condition, you can take responsibility and stand by them as their legal guardian or trustee.
But there are obligations and processes to follow in terms of proving your eligibility and the scope to perform the given authority.
This article explains crucial aspects of the Adult Guardianship and Trusteeship Act in Canada. If you are currently planning or navigating the process, it will help you clarify many intricacies.
What is Guardianship in Canada?
A guardianship is a court order that provides a person with the ability to decide on personal matters for an adult who has lost all capacities to do so by themselves.
Here, the adult guardianship legislation addresses the person receiving the guardianship authority as a guardian. And the adult, subject to the guardianship, is addressed as the represented adult. A guardian practices the given right to determine the represented adult’s
- Health care measures
- Living conditions and place
- Companions and caretakers
- Social life and activities
- Profession, subjects in education, and training
- Legal course, excluding financial matters
How To Become A Legal Guardian In Canada?
The path to becoming a guardian is rather easy if there is no one to challenge your application, and once you have done all the essential paperwork.
Another obstacle is the Public Guardian (PG), if any, whom the represented adult has chosen when they were able. Upon the adult turning into totally incapable, the guardianship, by law, automatically goes to the PG, as long as they have the proof of legal guardianship in Canada.
In that case, you can apply for the guardianship only after the PG refuses to claim it or gives consent.
Eligibility Criteria
The range of eligible personas is long; anyone from the periphery of close relatives or friends perfectly fits the position. But, as per the proceedings of the legal guardianship for adults with disabilities in Ontario, applicants must be
- Older than 18 years
- Willing to be a guardian
- Willing to help the adult
What Responsibilities Does a Guardian Perform?
Considering the gravity of the power given to the guardian, the court continuously monitors their actions. To help them comply with the code, it suggests:
- Reflect the best interest of the adult in each decision they make
- Inform the representatives about each decision
- Respect the privacy and value of the adult
- Maintain a good relationship with the served adult
- Follow the regulations described in the AGTA
- Hold themselves responsible for their actions, as
How To Apply For Guardianship
Preparing papers will be the greatest hurdle when applying for the guardian role. You will be required to assess the adult by registered physicians, certifying their incapacities. The court prioritizes these assessments as the most crucial of all requisites.
In a guardianship application, you must include:
- The Capacity Assessment Report
- The Completed Guardianship Form
- Personal details, including relationship history
All the forms and documents, mandatory to fill out, are available online. You can also collect them from the Office of the Public Guardian and Trustee.
Upon reviewing, a public officer sends your submissions to the court. After analyzing and authenticating the claim, the court proceeds to decree the order. For mismatches or confusions, you may be called to defend your position with valid information.
What is Trusteeship in Canada?
A trusteeship resembles the guardianship order in many aspects, except that this order allows a person to make decisions solely in the financial matters of the represented adult. One key note about trusteeship that you should be aware of is that, unlike a guardianship, its model and procedures may vary from state to state. For example, an adult in Alberta can only get a trustee if:
- They are residents of Alberta, or
- They have a piece of real estate in Alberta
How To Become A Trustee In Canada?
The process is almost the same as that of the guardianship. But instead of a Public Guardian, you face a Public Trustee (PT), if assigned by the adult prior to their becoming incapable.
The general conditions ask you to make sure that the PT doesn’t want to carry out the added responsibility. And they agree on you to perform the financial undertaking on behalf of the adult.
Eligibility Criteria
The eligible spectrum remains almost the same, with a little extension, including a trust corporation. Anyone can become a trustee if they:
- Are they close relatives or friends of the adult
- Are over 18 years old
- Are capable of performing the responsibilities
- Are willing to receive the power
- Are willing to act according to the value and preference of the adult
What Responsibilities Can a Trustee Perform?
The role of a trustee is much like that of a Power of Attorney. The similarity is so intense that the court may nullify the necessity of a trust order if a Power of Attorney is already in place.
But there is more to consider here. It may happen that the represented adult has limited the Power of Attorney to certain criteria. If so, a trustee order may still be mandatory to appoint someone to manage the other financial areas.
Whatever the case, here are the common responsibilities of a trustee:
- Pursuing the adult in stating a Will
- Making decisions in the best interest of the adult
- Allocating resources to help the spouse and children of the adult
- Endorsing payments required for education and all types of support for the adult
- Abiding by the trustee order, minding the consequent liabilities
Wrapping Up
The Adult Guardianship and Trusteeship Act is among many legislatures in Canada that are concerned with the care of adults with disabilities. But it’s special on a specific account. Instead of directly involving themselves in the personal and financial life of the adult, the act selects someone from their close relatives to take care of those tasks. But of course, first, it ensures the adult really needs it and the trusted persons are eligible.
