There are two ways for a family member to become a guardian of property (money) for an incapable person.
- If the incapable person has a guardian through the Office of the Public Guardian and Trustee, a family member can apply to assume that responsibility from the PGT.
- A family member or friend or support person can make application to the courts to be appointed as the guardian of property.
In either situation, the Guardian is registered with the Office of the Public Guardian and Trustee. The Public Guardian and Trustee is required by law to keep a Register of all guardians of property and guardians of the person. This law is Ontario Regulation 99/96 made under the Substitute Decisions Act, 1992.
If you have been appointed as a statutory guardian of property by the Public Guardian and Trustee, you have been added to the Register.
If you are applying to the court to be appointed as a guardian of property or a guardian of the person, you will be added to the Register when the court appoints you and your lawyer sends a copy of the court’s order appointing you to the Public Guardian and Trustee.
This document explains the process for applying to the PGT to replace them and also has samples of Management and Guardianship plans that may also be used for court application for guardianship