Applications under the Substitute Decisions Act

Applications under the Substitute Decisions Act

Guardianship applications are made to the Superior Court of Justice. Applications are supported by detailed affidavit evidence setting out the reason that the application for guardianship is being sought, including evidence as to the incapacity of the person for whom guardianship is sought and a detailed plan for the care of the individual's person or property. The plan for the care of the incapable person's property is called a "management plan". The plan for making personal care decisions is called the "guardianship plan". Management plans and guardianship plans must be submitted to the Public Guardian and Trustee for her approval. The management and guardianship plan forms part of the guardianship order. Medical evidence, while not required by statute, is a practical necessity on any application to the court for the appointment of a guardian. Capacity assessments of the individual for whom guardianship is sought are frequently obtained from a designated capacity assessor. Where an application is made using the summary proceedings, the assessment of a designated capacity assessor must be included with the application materials.

A court will only appoint a guardian where the court is satisfied that the person is incapable of managing his or her property or making personal care decisions and, as a result of being incapable, the person requires decisions be made on that person's behalf by a person authorized to do so. If there is any alternative to the appointment of a guardian that is less restrictive to that person's decision making rights, the court is directed by legislation to adopt the less restrictive means.