Adult Guardianship & Trusteeship law deals with the needs of adults who have become mentally incapable in making decisions concerning their day-to-day activities, health and financial matters. To assist this adult, you will need to apply to court of Queen’s Bench for either an Adult Guardianship Order or Adult Trusteeship Order or both.
Guardianship: If you have a dependent adult that has become incapacitated through accidents, illness, old age or developmental disabilities, you can apply to court to become the guardian of that person. When granted a Guardianship Order, you will be legally responsible for making decisions concerning their everyday affairs such as health care, accommodation, and general activities. However, you cannot make financial decisions. Such matters are done under the Trusteeship Order.
Trusteeship: A Trustee’s powers are limited to financial matters only. Your role as the Trustee may involve keeping track of the adult’s income and expenses, sign contracts, manage all assets, manage the leases for apartment and nursing home and prepare the appropriate tax returns when due.
Making a Guardianship or Trusteeship application can be daunting. This requires a great deal of time to complete. The paperwork is massive and require meticulous attention to details. You must conduct a Capacity Assessment Report on the adult and obtain the adult’s financial information and contact information of all interested parties such as the adult’s immediate family.
At Tzedek Law Office, we have years of experience working with such matters and can offer you expert advice and professional service. We can make the process easier for you. We will prepare the application forms and submit the same to court. We can also attend court on your behalf if someone objects to the application or requests a hearing.