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, and ensure that the applicant is aware of what to expect, and help them to prepare.

Our lawyers also work on capacity disputes, offering over 130 years of expertise 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.

Guardianship & Capacity Disputes Lawyers

  • David A.S. Mills

    David A.S. Mills

    Managing Partner

    David is proud to represent the fourth generation of Mills to practice at the firm. He is a great-grandson of Alexander Mills, K.C., one of the founders, grandson of Ralph S. Mills, Q.C., and a son of...

    416-682-7138 | Email
  • Geoffrey R. Cobham

    Geoffrey R. Cobham


    Geoffrey's practice primarily encompasses civil litigation, employment law, estate administration and estate planning. His litigation practice is comprised of several areas, including wrongful dismis...

    416-682-7109 | Email
  • David P. Lees

    David P. Lees


    David served his articles with Mills & Mills LLP and joined the firm in 2001. David has a diverse civil litigation practice which encompasses employment and business law, estate litigation and adv...

    416-682-7159 | Email
  • J. Paul Mills, Q.C.

    J. Paul Mills, Q.C.


    Paul's practice is focused on assisting Estate Trustees with the administration of Estates and acting as Estate Trustee. Paul represents the third generation of lawyers in the Mills family at the f...

    416-682-7110 | Email
  • Dave Johnston

    Dave Johnston


    Dave helps his clients by working with them to develop an estate plan tailored to their needs. His practice is devoted to protecting client's estates now, and ensuring their wishes for their loved one...

    416-682-7064 | Email
  • Lauren Kason

    Lauren Kason


    Lauren Kason joined Mills & Mills LLP as an Associate in 2017. Her practice is focused on estate litigation. Lauren assists clients by providing them with comprehensive legal advice in a cost-effe...

    416-682-7063 | Email


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