When it comes to the potential for mental incapacity, advanced planning is always ideal. However, sometimes the unthinkable occurs before arrangements can be made, rendering a loved one unable to manage their own property and/or care, and without a person in place to make decisions on their behalf. When a person becomes incapacitated without aPower of Attorney in place, the right to make decisions on their behalf defaults to the Office of the Public Guardian and Trustee (PGT).

In such cases, an application to replace the PGT as guardian under the Substitute Decisions Act may become necessary. This can be an emotional and overwhelming task for the applicant, and our lawyers have the knowledge and experience to guide you through this process with care and compassion.

The lawyers at Sweatman Law are experienced with the guardianship application process, and we will help you to navigate it as efficiently as possible, in order to minimize stress on you and your family.

The Duties and Responsibilities of a Guardian

Like an Estate Trustee, a guardian is required to keep detailed records of the incapacitated person’s finances, and may be required to pass accounts. In addition, the guardian may be tasked with making important medical decisions, while keeping the best interests and last known wishes of the incapacitated person in mind.

Once you have decided to proceed with an application, our lawyers will work to assist you through the process, which involves the preparation of documentation including a management plan, guardianship plan, various consent forms, and evidence of incapacity. We will prepare you in advance so that you know what to expect, and we will outline the process for you step by step in order to avoid unnecessary delays.

Guardianship Applications as a Challenge to an Existing Power of Attorney

If you have a loved one who is incapacitated and you believe that their attorney for property or care is not looking out for their best interests, it is possible to apply for guardianship in order to take over the management of your loved one’s affairs.

We are able to advise you on the best course of action for your unique situation, and assist you with the application process if you choose to proceed.

Contact Our Estate Planning Lawyers At Our Oakville, Milton or Georgetown Office

To learn more about Guardianship and how we can help you, contact Sweatman Law Firm online. Our estate planning lawyers are committed to representing clients in Oakville, Milton, Georgetown, and throughout Halton Region.