Guardianship & Capacity DisputesAssisting clients navigate the legal, financial and emotional challenges that arise when a loved one loses the capacity to manage his or her own affairs
Guardianship and Capacity Lawyers serving Toronto and the surrounding area
When collaborating with clients to plan their estates, we stress the importance of also planning for the possibility of incapacity. We take into account possible circumstances in which an individual is still alive but, due to accident or illness, is unable to make his or her wishes known or to make decisions. For these circumstances we offer:
- Powers of Attorney for care and personal needs as well as for property to manage financial or business affairs
- Inter vivos trusts that are effective while the individual is still alive
- Retirement planning
- Business succession planning
The value of proper planning becomes evident when an individual becomes incapacitated without these documents in place. In cases where the unexpected happens before proper planning has occurred, the Office of the Public Guardian and Trustee will automatically become responsible for managing the incapacitated person’s care, pursuant to the Substitute Decisions Act.
Should this occur in a situation where there is a trusted person familiar with the incapacitated person’s wishes for their own care, it will become necessary for that person to seek court appointment to become the guardian of property and/or guardian of the person. Although this can be a time-consuming and stressful process for the applicant, Mills & Mills LLP provides our clients with the benefit of our experience and guidance in order minimize the strain associated with navigating this process. We will gather supporting evidence for the claim, prepare and file the court documents, ensure that the applicant is aware of what to expect, and help them to prepare.
Our lawyers also work on capacity disputes, offering in-depth knowledge and practical advice in the area. While these proceedings can often be emotionally charged, we work with our clients to resolve disputes as efficiently and effectively as possible.
Contact Mills & Mills LLP
To discuss these issues of guardianship and incapacity with a trusted and experienced lawyer, please contact us at 416-863-0125 or send us an email.