- Decision-making authority for an adult can be requested for personal matters, financial matters or both, and how broad it should be is a separate question.
- A court application for guardianship or co-decision-making needs at least two assessments by qualified professionals.
- Less intrusive options, such as informal support, trusteeship or a power of attorney the adult can still grant, are suggested first.
You may have heard the terms personal guardian and property guardian when a parent, spouse or other adult could no longer manage on their own. The words sound similar, but they describe different kinds of decision-making, and mixing them up can lead to asking a court for more, or less, than the situation needs.
This article explains the difference in plain terms, how co-decision-making fits in, and how capacity is looked at. It does not replace advice about your own situation. Guardianship involves a court and the details depend on the facts, so a lawyer can confirm what applies to you.
This article covers the law of Saskatchewan.
Personal guardian and property guardian: the basic difference
In general terms, a personal guardian is concerned with an adult's personal life, such as where they live and their day-to-day care. A property guardian is concerned with their money and belongings, such as paying bills and managing accounts and assets. The exact powers a person has depend on what the court orders, so always read the order itself.
When someone asks the court for decision-making authority, the assessment results help decide whether to request authority over personal matters, financial matters or both, and how broad that authority should be.
| Type | General focus | Key point |
|---|---|---|
| Personal guardian | Personal and care decisions | Authority is set by the court and can be limited |
| Property guardian | Financial and property decisions | Authority is set by the court and can be limited |
| Both | Personal and financial | Authority can be requested for both, if needed |
Where co-decision-making fits
Co-decision-making is a more shared approach than guardianship. In general, the adult stays involved in the decision with another person, rather than someone else deciding for them. Guardianship and co-decision-making are treated together when it comes to the court process: an application for either one needs at least two assessments by qualified professionals.
Which model suits an adult depends on how much support they need and on the decision at hand. A lawyer can help you compare them for your situation.
How capacity is assessed
Capacity is assessed on whether the person can understand information relevant to a decision and appreciate the reasonably foreseeable consequences of making or not making that decision. Capacity is about a particular decision, so it is not always an all-or-nothing question.
The qualified professionals who can provide assessments include a doctor, nurse, occupational or physical therapist, social worker, speech therapist or psychologist. An application to the court needs at least two such assessments.
- The assessments help shape what authority is requested and how broad it is.
- Capacity to grant a power of attorney is both a medical and a legal decision.
- A single assessor does not decide the legal question of capacity; that is for a court or lawyer to determine.
Less intrusive options and the role of the Public Guardian and Trustee
Guardianship takes away or limits a person's own decision-making, so less intrusive options are suggested first. These include informal support, trusteeship, or a power of attorney if the adult can still grant one.
An enduring power of attorney is one meant to continue even if the person becomes incapacitated. It can be personal, property or both, and general or limited. The person granting it and the attorney must be 18 or older and mentally competent, and the document must be in writing, dated, signed and properly witnessed.
The Public Guardian and Trustee is a public office with a role in several areas of Saskatchewan estate and adult matters. How it may become involved in a particular guardianship matter depends on the circumstances, so ask a lawyer or contact that office directly.
What to do next
- Write down which decisions are causing difficulty: personal, financial or both.
- Check whether a power of attorney already exists and whether the adult can still grant one.
- Ask a doctor or other qualified professional about an assessment of the adult's capacity.
- Consider whether informal support or a trusteeship would be enough before going to court.
- Speak with a lawyer about whether guardianship or co-decision-making fits, and what authority to request.
Frequently asked questions
Can one person be both a personal and a property guardian?
Decision-making authority can be requested for personal matters, financial matters or both. Whether one person or different people take on each role depends on the court order and the facts, so a lawyer can advise.
Do I need a court application to become a guardian?
A court application for guardianship or co-decision-making needs at least two assessments by qualified professionals. Less intrusive options are suggested first.
Who can do the capacity assessment?
Qualified professionals such as a doctor, nurse, occupational or physical therapist, social worker, speech therapist or psychologist. Which professional is suitable depends on the decision in question.
Is a power of attorney the same as guardianship?
No. A power of attorney is a document the adult signs while able to do so, and an enduring one continues if they become incapacitated. Guardianship is a court process used when other options are not enough.
Sources
- Government of Saskatchewan – Powers of attorney for adults — saskatchewan.ca
- Government of Saskatchewan – Is an adult guardian needed? — saskatchewan.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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