Can the Court Remove a Guardian of Property Who Is Misusing Money in Ontario?

Yes, the court can replace a guardian of property or end the guardianship. Under the Substitute Decisions Act, 1992 (SDA), the court may vary an order appointing a guardian of property or substitute another person, and a motion can be brought by the guardian, the original applicant, or a person entitled to notice of the original proceeding.

A guardian of property is a fiduciary who must act diligently, honestly, with integrity and in good faith for the incapable person's benefit, and must keep accounts of all transactions. The same duties apply to an attorney acting under a continuing power of attorney for property, and a guardian is liable for damages resulting from a breach of duty.

The court may order an attorney or guardian of property to pass their accounts. Those who may apply include the attorney, the grantor, the guardian, the incapable person, a dependant, the Public Guardian and Trustee, the Children's Lawyer, a judgment creditor and, with leave, any other person. On an application to pass a guardian's accounts, the court may adjust compensation, suspend or replace the guardian, or end the guardianship. If you fear someone who may be incapable is at risk of harm, abuse or neglect, you can report to the OPGT Investigations line at 1-800-891-0504.