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Becoming the guardian of an Ontario elder

Ageing is a part of life, and consequently, many people need extra help when they get older, some more than others. This could lead to having a talk about care. Becoming the guardian of an ageing loved one in Ontario requires careful thought, especially when a senior is beginning to show signs of dementia or confusion. Those caring for people who are finding it hard to make decisions regarding their own health or other things in their lives may want to discuss guardianship with the individual.

Anyone who is looking to become a person's guardian must have the person or ward declared incompetent in court. If the court finds the ward to be incompetent, things like managing resources, decisions regarding health care and living arrangements all fall to the guardian. When more than one person is vying for the position, the court will choose the person it deems best qualified. The ward's wishes are taken into consideration, if possible. 

Guardians will do things like pay bills, manage assets, oversee finances and makes decisions regarding medical care of the ward. The court may ask the guardian for regular financial reports or whenever the guardian makes important decisions regarding his or her ward. In essence, if a person has not appointed a power of attorney, guardianship may be an option when it comes to seniors who are becoming confused due to their ages or from disabilities.

Ontario residents who believe their loved one may be in need of a guardian would be well advised to talk to an Ontario lawyer experienced in wills and estates law. There are many legalities surrounding guardianship and a lawyer would be able to answer any queries. He or she would also be able to assist in the guardianship process.


Source: agingcare.com, "How to Get Guardianship of an Elder", Marlo Sollitto, Accessed on Sept. 17, 2017

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