The Different Types of Legal Guardianship in Canada

When an adult experiences a decline in mental capacity and can no longer manage their own property or personal matters, legal guardianship may become necessary. Understanding the types of guardianship available in Canada — and how the process works — can help families prepare for the unexpected.

What Is Adult Guardianship?

Adult guardianship is a legal arrangement for individuals who are no longer able to competently handle their own financial or personal affairs due to a permanent or temporary decline in mental capacity. This is different from the guardianship of a child. It typically arises when the individual did not plan ahead with documents like a Power of Attorney or Living Will.

Why Would an Adult Need a Guardian?

If someone becomes incapacitated and did not previously execute a Power of Attorney or Advance Directive, it may be too late to prepare those documents. At that point, a court may need to appoint a guardian to make decisions on their behalf.

The Two Main Types of Adult Guardianship

While specific laws and terminology vary across provinces and territories, there are generally two types of adult guardianship in Canada:

Guardian of Property

A guardian of property is responsible for managing the incapacitated person's financial affairs. This can include paying bills, managing investments, filing tax returns, and making decisions about the person's assets.

Guardian of Personal Care

A guardian of personal care is responsible for making medical and health-related decisions, such as choosing a long-term care facility, consenting to medical treatment, and overseeing the person's general well-being.

It is possible for one individual to serve in both roles, and these positions can be either paid or unpaid. Both carry significant legal responsibility.

Who Can Be a Legal Guardian?

Most adults are eligible to apply for legal guardianship. A prospective guardian usually needs to demonstrate a close relationship with the individual requiring assistance. While guardians are often family members, this is not always the case.

How Is the Need for Guardianship Determined?

If there is a concern that someone is experiencing mental decline and can no longer manage their own affairs, government authorities should be contacted for an assessment. Each province and territory has offices dedicated to protecting vulnerable individuals. For example:

The general criteria used to assess the need for adult guardianship include:

Planning Ahead Is the Best Protection

The most effective way to avoid the guardianship process is to plan ahead. By creating a Power of Attorney for Property and a Power of Attorney for Personal Care while you are still capable, you retain control over who will make decisions for you and how those decisions should be made.

How a Personal Legal Service Plan Can Help

A Personal Legal Service Plan gives you access to a lawyer who can help you prepare Powers of Attorney, understand the guardianship process in your province, and take proactive steps to protect yourself and your family.