In the unfortunate event that someone close to you requires care, it may fall on your shoulders to step in and secure a legal guardianship. When an adult loved one can no longer manage their affairs, or a minor child is in need, it’s crucial to have an experienced family law professional file a guardianship application on your behalf. At the law firm of George, Murray, Shipley, Bell, LLP, our Sarnia family lawyers can handle the red tape so that you can focus on the people who need you.
Guardianship Application for an Adult in Ontario
Through age, illness, or injury, adult loved ones may become incapable of effectively managing their financial or healthcare affairs. In these cases, a loved one can apply to the court to gain a power of attorney to handle these critical life decisions. To secure legal authority, the applicant will be required to do the following.
- Identify the person in the guardianship application
- Furnish the court with a sworn affidavit proving the person’s incapacity
- Provide a written management plan for finances, healthcare, and other pertinent issues
Once completed, the guardianship application must be served on the incapable person and all family members. If the court agrees, you may be given the legal authority to make critical decisions in the person’s best interests.
Guardianship Application for a Minor in Ontario
Parents are automatically regarded as a minor child’s legal guardian. But in the absence of a parent, or one capable of managing a minor’s affairs, a family member or loved one may apply for guardianship under the Children’s Law Reform Act. The process is quite similar to that of adults.
- File an affidavit detailing the family history and reasons for the application
- Explain your relationship to the minor
- Include a reasonable plan to manage the minor’s assets
- Outline possible asset management fees
- Detail the child’s wishes
The guardianship generally ends when the minor turns 18 years old and the assets are transferred. However, an updated filing may be prudent if the person is not yet capable of managing their affairs.
Contact Our Experienced Sarnia Guardianship Application Lawyers
The guardianship application process can be frustrating for people unfamiliar with the court’s bureaucracy and expectations. Application missteps can cause unnecessary delays and setbacks. At George, Murray, Shipley, Bell, LLP, our family lawyers deliver effective guardianship application services. Contact our Sarnia family law firm today and schedule a consultation today.