Does a guardian of property need court approval before selling an incapable person's house in Ontario?

Often, yes, particularly for a significant transaction like selling the incapable person's home. While a guardian's general authority to manage property is set out in their court order and management plan, selling real property — especially a principal residence — is generally treated as a major decision that can require specific court approval beyond the guardian's ordinary day-to-day management authority, particularly where the original order or plan didn't already specifically address this kind of transaction.

Courts scrutinize proposed home sales carefully because the decision is significant, often irreversible, and directly affects the incapable person's living situation and long-term financial security, not just their overall asset value. A guardian seeking approval generally needs to show the sale is genuinely necessary or clearly in the incapable person's best interests — for example, because ongoing care needs require it, or because maintaining the property is no longer practical or affordable — supported by appropriate evidence like a market valuation. Because getting this step wrong can expose a guardian to personal liability or delay a needed transaction, get legal advice before proceeding with any sale of an incapable person's home.