Guardianship and Capacity Disputes in Ontario

Are you concerned that a person is no longer capable of managing property, making personal care decisions, or protecting their own interests? Has someone applied to be appointed as guardian of property or guardian of the person, or are you opposing a proposed guardianship because you believe it is unnecessary, inappropriate, or too restrictive? Or are you a guardian whose appointment, authority, conduct, or decisions are being challenged? A guardianship or capacity dispute can affect a person’s autonomy, living arrangements, healthcare, financial security, and relationships with family members.

What a guardianship dispute may involve

A guardianship or capacity dispute may involve whether a person is capable of managing property or making decisions concerning healthcare, nutrition, shelter, clothing, hygiene, or safety.

Disputes may also concern:

• the need for a guardian
• who should be appointed
• the proposed management or guardianship plan
• the scope of the guardian’s authority
• whether a less restrictive alternative is available

Other issues may include capacity assessments, competing guardianship applications, the management of an incapable person’s property, personal care decisions, conflicts of interest, or the termination, replacement, or variation of an existing guardianship.

What affects the available procedure and remedies

The available procedure and remedies will depend on the type of capacity in issue, the person’s circumstances, the existing decision-making arrangements, and the supporting medical, financial, and other evidence. Guardianship and capacity matters in Ontario are governed by the Substitute Decisions Act, 1992.

How Zel Law can help

If you are seeking, opposing, or responding to a guardianship application, or are involved in a dispute concerning capacity or a guardian’s decisions, speaking with an estates and capacity litigation lawyer early can help you assess the evidence, the available alternatives, and the most appropriate way to protect the person’s rights and interests. Zel Law’s litigation lawyer has experience with guardianship and capacity disputes involving property management, personal care, substitute decision-making, and competing concerns about autonomy and protection. Book a consultation to discuss the capacity assessments, medical and financial information, proposed guardianship or management plan, existing powers of attorney, relevant decisions, and the legal options that may apply.

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.

• Power of Attorney Disputes
• Passing of Accounts