Britney Spears in Ontario, Canada. You would be free and here is why!
If #FreeBritney has you thinking how scary it would be if the Courts were left to decide who would be looking after your personal health care and finances, while your dignity and privacy are being desecrated in the media, continue reading and we will explain how to prevent this from happening to you in Ontario, Canada.
So how does Guardianship in Ontario work?
The process for Guardianship Applications in Ontario is quite rigorous. An Application needs to be brought before the Court that details the incapacity of the person with evidence of capacity assessments and doctor’s reports. The Application sets out who the proposed guardian should be and why they are best suited for the role. It lists the assets, liabilities, income and expenses currently known of the “incapable person”, and includes a detailed plan as to how the proposed guardian’s care and management will be es- tablished for looking after the finances and personal health- care of the “incapable person” once the Application has been processed and granted.
The Application is served on the “incapable person”, all living family members of the incapable person, and the Office of the Public Guardian and Trustee and/or the Office of the Chil- dren’s Lawyer (depending on the age of the incapable person). All parties served with the Application have the right to object to: the Application, the proposed guardian named, or the proposed management plan detailed therein.
Secondly you should know that even if the Court appoints the guardian, in Ontario, the guardians are held accountable! Even if a guardian is appointed they must consult with the incapable person about finances or health care.
The guardian has a fiduciary duty and responsibility to always act in the best interest of the incapable person and to not benefit directly or indirectly through managing their affairs. They should encourage the “incapable person” to participate in the decisions being made on their behalf.
The goal is to provide the most comfortable and safe environment while maintaining a great quality of life that the inca- pable person can afford. It should be as if you were still managing your own affairs, through someone else.
Even if the guardians are held accountable, do you really want the government deciding who should take care of your per- sonal health and finances?
You can avoid the need to put yourself or your loved ones through the guardianship process by planning ahead.
You can appoint someone you know and trust who will act on your behalf in the event you are deemed incapable, this is done via a Power of Attorney.
If you have not planned ahead and you are deemed incapable an application will be brought and the guardian will be appointed for you.
Did someone pop in your mind that you would trust to become your Power of Attorney?
Call us (905) 592 20 99 we want to help you with your guardianship for you to sleep better at night!
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