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Wills & Estates

How do I apply to court to become guardian of the person for an incapable relative in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Applying to become a court-appointed guardian of the person under the Substitute Decisions Act involves bringing an application to the Superior Court of Justice supported by evidence that your relative is incapable of making some or all personal care decisions for themselves — decisions about health care, nutrition, shelter, clothing, hygiene, or safety — typically including a capacity assessment addressing personal care capacity specifically, since capacity for property and capacity for personal care are assessed separately.

The application generally needs to specify which particular personal care decisions the guardianship should cover, since Ontario law favours guardianship limited to only the areas where it's genuinely needed rather than a blanket order over every aspect of a person's life, and the court will consider whether a less restrictive alternative — such as an existing power of attorney for personal care — could adequately address the concern instead. Notice of the application generally needs to go to your relative and to other close family members. Because personal care guardianship applications require careful evidence about specific incapacities and are scrutinized for whether a full guardianship is truly necessary, get legal advice early to properly scope and support the application.

Key takeaways

  • A guardian of the person application requires evidence of incapacity for specific personal care decisions.
  • The application should specify which particular decisions the guardianship will cover.
  • Courts favour the least restrictive option, including checking whether an existing power of attorney could work.
  • Get legal advice early to properly scope and support this kind of application.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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