When does the Public Guardian and Trustee step in as guardian of last resort in Ontario?

The Public Guardian and Trustee acts as Ontario's guardian of last resort primarily in the property context, where a capacity assessment finds someone incapable of managing their property and there's no valid, effective continuing power of attorney already in place. In that situation, the Public Guardian and Trustee generally becomes the person's statutory guardian of property automatically, unless and until a family member or other suitable person applies to replace it in that role.

The Public Guardian and Trustee's involvement as guardian of the person is much less common, and generally arises only where a court specifically appoints it because no family member or other suitable, willing person is available to take on that role and the person genuinely needs a decision-maker for personal care matters. In both contexts, the Public Guardian and Trustee's role as guardian of last resort is meant to be a backstop, not a substitute for family involvement — a family member who is willing and appropriate can generally apply to take over from the Public Guardian and Trustee once they're ready to do so. If your family is dealing with a Public Guardian and Trustee guardianship, get legal advice on how to apply to take over the role.