There are two ways to become a guardian of property:
- If the person is now incapable, you can apply to the Ontario Superior Court of Justice to be appointed a guardian by a judge in a court proceeding. Our office can assist you with this.
- If the OPGT already serves as guardian of property for the incapable person, you can apply to replace the OPGT. You can only do this if you are the incapable person’s spouse, partner or relative. The OPGT will review the suitability of the person applying to replace the OPGT.
A guardian of property is a person or trust corporation that makes financial decisions on behalf of a mentally incapable adult. A private guardian of property is appointed by either:
- the Office of Public Guardian and Trustee (OPGT)
- the Ontario Superior Court of Justice
A guardian is responsible for managing all property, including real estate and bank accounts, that the incapable person owns. A guardian of property can:
- open and close bank accounts
- redirect pensions and other income
- apply for benefits or supplementary income to which the person is entitled
- pay bills
- buy goods and services
A guardian of property cannot:
- make personal care decisions, including health care decisions
- make a will on behalf of the mentally incapable person
- sell property that is the subject of a specific gift in a will, subject to certain exceptions
