What to do next
Confirm no power of attorney exists
Check thoroughly before applying. An existing valid document usually removes the need for a court application entirely.
Obtain a proper capacity assessment
Courts require evidence of incapacity, and capacity is decision-specific rather than all-or-nothing. A professional assessment is the foundation of the application.
Apply, and expect ongoing duties
The application typically requires notice to family and may be contested. Once appointed, guardians usually owe accounting and reporting obligations and can be personally liable for mismanagement.
Frequently asked questions
Is guardianship the same everywhere?
No. Terminology and procedure differ — Quebec uses tutorship and curatorship, other jurisdictions use guardianship or conservatorship — and the tests vary.
Can it be limited in scope?
Often yes, and courts generally prefer the least restrictive order, which may cover only finances or only personal care.
What if family members disagree?
Applications can be contested, which adds substantial cost and delay. Mediation is sometimes a better route than a contested hearing.
What are a guardian's ongoing duties?
Typically acting in the person's best interests, keeping records, and reporting or accounting to the court or a public official. Breaches can create personal liability.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.