How do I request a capacity assessment for statutory guardianship of property in Ontario?

Any person can ask a capacity assessor to assess whether another person is capable of managing property, under section 16 of the Substitute Decisions Act, 1992. The request goes on Form 4 under O. Reg. 26/95, and you must state that you know of no attorney under a continuing power of attorney who has authority over all of the person's property.

If the assessor issues a certificate of incapacity, the Public Guardian and Trustee becomes the person's statutory guardian of property. The person must be told they can apply to the Consent and Capacity Board for a review. Assessors set their own fees, and in most cases the person who asked for the assessment pays.

A patient of a psychiatric facility has no assessor: a physician issues a certificate under the Mental Health Act, and the Public Guardian and Trustee becomes guardian. The assessment route under section 16 is meant for people who have no continuing power of attorney covering all of their property, so the person requesting the assessment must make enquiries and believe that no such power of attorney exists. Afterwards, a spouse, partner or relative may apply to replace the Public Guardian and Trustee, or someone may apply to the Superior Court of Justice under section 22.