Ontario Family Law

Guardianship

When someone can’t make decisions for themselves, the law provides a path to appoint a trusted decision‑maker.

  • 1Guardianship of a Child
  • 2Guardianship of an Incapable Adult
The Law on Guardianship

Which statute applies?

For Children — Children’s Law Reform Act (CLRA)

  • A non‑parent may apply for decision‑making responsibility (custody/guardianship).
  • Courts always decide based on the child’s best interests.

For Adults — Substitute Decisions Act, 1992 (SDA)

  • Guardianship may be for property (finances) or personal care (health, housing, safety).
  • Guardian appointed only if no less‑restrictive alternative (e.g., valid POA).
Guardianship of a Child

Court process

1File application
Apply in court for custody/guardianship.
2Provide evidence
Show relationship with the child and ability to care.
3Best‑interests review
Court considers needs, stability, and family ties.
Guardianship of an Incapable Adult

Property vs Personal Care

Property (Finances)
Capacity usually assessed by a qualified professional.
Apply to the Ontario Superior Court of Justice.
Orders may be temporary or ongoing.
Personal Care
Decisions about medical treatment, housing, hygiene, and safety.
Court ensures no less‑restrictive alternative exists (e.g., POA).
Scope tailored to the person’s needs.
How We Can Help

How We Can Help

Children
Court applications
Adults
Capacity & SDA process
Alternatives
POAs / trusts
Disputes
Contested matters
Planning
Long‑term care alignment
Advice
Best‑interest factors
FAQ

Frequently Asked Questions

1. Is guardianship always decided by a court?

Yes. Unlike a Power of Attorney, guardianship requires a court order.

2. What’s the difference between a POA and guardianship?

A POA is chosen voluntarily by a capable person in advance. Guardianship is imposed by the court when no POA exists or when the POA is inadequate.

3. Can more than one guardian be appointed?

Yes. The court may appoint co‑guardians to share responsibilities.

4. How does the court decide guardianship of a child?

The court considers the child’s best interests, including stability, existing relationships, and ability to provide care.

5. Can guardianship be challenged?

Yes. Family members or interested parties may contest an application; the court reviews necessity and best interests.

6. Does guardianship last forever?

Not necessarily. For adults, guardianship may end if capacity is regained. For children, it usually ends at 18.

Next Steps

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