Does a court-appointed guardian of property have to post a bond in Ontario?
Generally, yes. A court-appointed guardian of property in Ontario is typically required to post a bond as a condition of their appointment, similar to the bonding requirement that can apply to an estate trustee administering a deceased person's estate. The bond acts as financial protection for the incapable person, providing a source of recovery if the guardian mismanages or misappropriates the property they've been entrusted with.
The court has discretion to waive or vary the bonding requirement in appropriate circumstances — for example, where the estate is modest, where dispensing with a bond wouldn't put the incapable person's property at meaningful risk, or where other protective measures are already in place. Because arranging a bond involves its own cost and paperwork, and because whether a court will waive the requirement depends on the specific facts of the guardianship, anyone preparing a guardianship of property application should discuss the bonding question with a lawyer early, so it's addressed properly as part of the application rather than causing delay afterward.
Key takeaways
- Court-appointed guardians of property are generally required to post a bond.
- The bond protects the incapable person's property against mismanagement or misappropriation.
- Courts have discretion to waive or reduce the bond in appropriate circumstances.
- Address the bonding question with a lawyer early as part of preparing the application.