What happens if family members disagree about who should be appointed guardian in Ontario?

Where more than one family member wants to be appointed guardian, or family members disagree about whether a specific person is the right choice, the guardianship application can become contested, meaning the court needs to resolve not just whether guardianship is necessary, but who should actually hold the role. Each proposed guardian may need to file their own application or respond to another's, along with evidence supporting why they're an appropriate choice, and the incapable person's own wishes, where they can still be expressed or are known from before their incapacity, are given real weight.

The court's focus throughout is the incapable person's best interests, not which family member feels most entitled to the role or has the strongest personal grievance against another relative. Where the family conflict itself raises concerns — for example, about whether a proposed guardian has a conflict of interest, or whether family dysfunction could affect the incapable person's care — a court may also consider whether the Public Guardian and Trustee or a neutral third party should be appointed instead of any family member. Because contested guardianship applications can become lengthy and expensive, get legal advice early and consider whether mediation or another negotiated resolution might work before the dispute escalates.