If you have a loved one that is incapable of taking care of themselves for any number of medical reasons or managing their finances, and they are over the age of eighteen (18), you will likely need to obtain legal guardianship over their property and personal care in order to direct doctors, dentists and other professionals on their care, and to deal with banks and benefit providers, such as ODSP, CPP disability, Trillium, et cetera, in their place to ensure that they have the necessities of life while in your care or the care of a third party. We can help with that. For example:
- If you have a child with Downs Syndrome, who may become capable of living on their own, and taking care of their physical needs (such as medical/dental appointments, hygiene, dressing appropriately for the weather; knowing what to do in an emergency; et cetera), but not able to protect themselves from scam artists, you may choose to seek guardianship of their property so that you control their money, and you protect them from the scam artists.
- If you have a child with autism, they may be capable of managing their hygiene and dressing appropriately, but incapable of managing their medical/dental appointments or deciding how to cope with a medical emergency, as well as being incapable of managing their finances. In that situation, you may choose to seek guardianship of both their personal care, restricted to the issues they are not capable of managing on their own and their property.
Very often you will find that medical professionals and banks will work with you if you are the parent of a child with capacity issues, but they may choose to stop working with you when your child attains age eighteen (18). Or, what if a close family member has an incapacitating event as an adult? If they did not have a signed Power of Attorney for both personal care and for a property, you would need to seek guardianship of that adult individual.
Whatever the situation that you encounter when it comes to the incapacity of a loved one, if there is no Power of Attorney directing you to act (made when that individual had capacity), you will have to apply for guardianship. Let us help you!