How do I apply to court to be appointed guardian of property for an incapable relative in Ontario?
Applying to become a court-appointed guardian of property under Ontario's Substitute Decisions Act generally starts with an application to the Superior Court of Justice, supported by evidence that your relative is incapable of managing their own property — typically including a capacity assessment or other qualifying evidence recognized by the Act — along with a proposed management plan describing how you intend to handle their finances, assets, and ongoing expenses if appointed.
You'll also need to give notice of the application to your relative and to other family members with a close connection, so they have an opportunity to respond or object, and the court considers whether guardianship is genuinely necessary given the person's specific circumstances — including whether a less restrictive option, such acting under an existing power of attorney, could work instead. A court-appointed guardian of property is generally also required to post a bond, unless the court waives or varies that requirement, and to account for their management of the property on an ongoing basis. Because this process involves both medical and legal evidence and can become contested if family members disagree, get advice from a lawyer early to prepare a complete, properly supported application.
Key takeaways
- A guardianship application requires evidence of incapacity plus a proposed management plan for the property.
- Notice must generally be given to the incapable person and other close family members.
- Courts look at whether a less restrictive option, like an existing power of attorney, could work instead.
- Get legal advice early, since the application can become contested and requires both medical and legal evidence.