Can two people be appointed joint guardians of property for an incapable person in Ontario?
Yes. Ontario courts can appoint more than one person to act jointly as guardian of property for an incapable person, similar to how more than one attorney can be named under a power of attorney. This can work well where two family members are both willing and able to act responsibly together, providing a built-in check on each other's decisions and reducing the risk that one person mismanages the property unsupervised.
Joint guardianship also comes with practical complications the court will want addressed upfront: the guardians generally need to agree on decisions together, which can cause delays or deadlock if they don't get along or disagree about a specific transaction, and the management plan filed with the application should clearly set out how joint decision-making will actually work in practice. Courts consider whether the proposed joint guardians have a good enough working relationship to manage this responsibility together before approving the arrangement, since ongoing conflict between joint guardians can itself become a problem requiring court intervention. If you're considering applying jointly with another family member, discuss with a lawyer how to structure the arrangement to minimize the risk of deadlock.
Key takeaways
- More than one person can be appointed jointly as guardian of property in Ontario.
- Joint guardianship provides a built-in check but requires the guardians to agree on decisions together.
- The management plan should clearly address how joint decision-making will work in practice.
- Courts weigh whether the proposed joint guardians can actually work together before approving the arrangement.