Is a court-appointed guardian of property entitled to compensation in Ontario?
Yes. A court-appointed guardian of property in Ontario is generally entitled to compensation for managing the incapable person's property, calculated under the compensation formula prescribed by regulation under the Substitute Decisions Act: a percentage of capital and income receipts, a percentage of capital and income disbursements, and an additional annual care-and-management fee based on the average value of the assets under management. This is the same formula that applies to an attorney acting under a continuing power of attorney for property.
The prescribed formula provides a standard, predictable starting point, but a court retains discretion to adjust the amount in specific circumstances — for example, where the guardian's efforts were unusually extensive or minimal compared to what the formula would suggest, or where the estate's size makes a straight percentage calculation unreasonable one way or the other. A guardian who wants to take compensation is also generally expected to account for it properly as part of their overall management of the property. Because compensation rules interact closely with a guardian's broader accounting obligations, get legal advice on how to apply the formula correctly and document it properly in your specific situation.
Key takeaways
- A court-appointed guardian of property is generally entitled to compensation under a prescribed formula.
- The formula involves percentages of receipts and disbursements plus an annual care-and-management fee.
- Courts retain discretion to adjust compensation where the prescribed formula doesn't fit the circumstances.
- Compensation must be properly documented as part of the guardian's overall accounting obligations.