Guardianship / Substitute Decision Making


Our Law Office has over 35 years in dealing with these matters and can help families and individuals once an initial assessment has been completed. After the initial assessment by Kenneth C. Pope and his team, we can assist with Guardianship Applications, Substitute Decision Making packages and by the preparing of Power of Attorney for Property and Personal Care documents.

People with disabilities should be provided with accommodations and supports to ensure that that they are able to exercise their legal capacity to the greatest extent possible. Our Law Office assists families and individuals to manage their health care, property and financial decisions. Our office helps to determine what can be done for those who are mentally incompetent and to assist those who are currently competent and wish to plan for the future in case they become incompetent.

There are several types of decision-making methods that operate in Ontario which include; Substitute Decision Making for health care decisions, personal appointments for Power of Attorney for Property and Personal Care (which are made before a person becomes mentally incompetent) and Guardianship Appointments for a family member by an Application to the Court.

A Guardianship application begins with a Capacity Assessment. A Capacity Assessment refers to a legal assessment of a person’s ability to understand information that is relevant to making a decision and his/her ability to appreciate the reasonably foreseeable consequences of a decision or a lack of decision regarding property and/or any of the domains of personal care. If a person is deemed to be incompetent then our office can assist with the Court Application Process.

A Substitute Decision Maker is required when a health care professional proposing a treatment is not satisfied that the person is capable of making an informed treatment decision. Our Office assists families by creating a formal package to give to a loved ones doctors that will show that the parent is in fact a legal Substitute Decision Maker, as provided in the Health Care Consent Act.

Generally, the law is designed to:


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