Perhaps you have come to the realization that your aging parent can no longer make good decisions for him or herself. You may wonder if you are simply applying your standards to your parent, but you still have a nagging feeling that it would be in his or her best interest to have a guardian appointed. This is usually a necessary step when the individual requiring assistance does not have a power of attorney in place, which would bypass the need to receive permission from an Ontario court to make decisions on behalf of someone else.
You want to protect your parent from endangering his or her health or losing property due to the inability to make good decisions. An Ontario court could grant you a guardianship over your parent even if he or she objects. You probably understand that losing the ability to make decisions for yourself would be a difficult situation to face. Your parent may not necessarily be a willing participant in the process, but that does not mean you will not be successful.
Before embarking on this process, you will need to have sufficient evidence to show that your parent no longer has the requisite capacity to handle daily tasks, pay bills and otherwise control his or her life. You may also want to gain an understanding of what you are requesting of the court. Numerous responsibilities will fall on your shoulders, and you need to prepare to handle them.
Fortunately, you do not have to do so alone. A lawyer can answer your questions regarding serving as a guardian and help you determine whether pursuing a guardianship would be a prudent course of action under the circumstances. If it is, then he or she can guide you through the process and assist you with the legal requirements you must meet.