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Guardianship Basics


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This SlideShare describes the basics of guardianship such as types of guardianship, and court process.

Published in: Law
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Guardianship Basics

  1. 1. Guardianship Basics 1
  2. 2. 2 The Basics of Guardianship • A guardian is an individual who is authorized to make decisions on behalf of another person who is incapable of making those decisions himself or herself.
  3. 3. 3 Types of Guardianship • A guardian may be appointed in one or both of the following respects: – Property – management of one's financial affairs, real and personal property, bank accounts, business interests, etc. – Personal Care – management of one's healthcare, including decisions involving where the person will live, any supportive care, etc.
  4. 4. 4 Statutory Guardianship • In certain circumstances, the Public Guardian and Trustee will automatically become the statutory guardian of property for an incapable person, without the need for an appointment by the court. The Substitute Decisions Act outlines the requirements for the appointment of a statutory guardian, as well as termination of the appointment and replacement by the person’s spouse or other family members.
  5. 5. 5 Court Process • An individual can apply to the court for appointment as a guardian, whether there is a valid Power of Attorney in place or not. • The proposed guardian of property and/or personal care should provide evidence in support of the person’s incapacity and explain why the proposed guardian is a suitable candidate for appointment. Often, the evidence of incapacity will be in the form of a capacity assessment by a qualified capacity assessor.
  6. 6. 6 Plans • Depending on the nature of the guardianship application, the materials should include the following: – A Guardianship Plan that outlines the plan for management of the incapable person's personal care, including where he/she will live and matters affecting employment and education; and/or – A Management Plan that details how the incapable person's finances will be managed on his/her behalf, including a list of any known assets • The Plan(s) included as part of a guardianship application should reflect the best interests of the incapable person.
  7. 7. 7 Record Keeping Obligations • It is important that guardians, especially guardians of property, maintain complete records of all decisions made on the incapable person's behalf. • Guardians of property are normally required under the court orders appointing them to submit their records to the court to "pass their accounts" on a periodic basis following their appointment.
  8. 8. 8 Thank you for reading!