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Guardianship Documents in Ontario: Complete Guide | Minute Notary Blog | Minute Notary
Legal February 15, 2025 8 min readGuardianship Documents in Ontario: Complete Guide Everything you need to know about guardianship documents in Ontario. Learn about guardianship for children and incapable adults, what documents are required, and when notarization is needed.
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Minutes Notary
Notary Public • Ottawa, ON
Understanding Guardianship in Ontario
Guardianship is the legal authority to make decisions on behalf of someone who cannot make decisions for themselves. This can apply to:
Minor children — When parents are unable to care for them
Incapable adults — When someone cannot manage their own affairs due to mental incapacity
This guide covers the document requirements for both types of guardianship in Ontario.
Types of Guardianship
Guardianship of Children
When a child's parents cannot care for them, a guardian may be appointed:
Temporarily (e.g., during parental illness or travel)
Permanently (e.g., after parental death)
Guardianship of Property (Adults)
Authority to manage an incapable person's:
Finances
Property
Legal affairs
Guardianship of the Person (Adults)
Authority to make personal decisions for an incapable person:
Health care
Living arrangements
Safety and well-being
Guardianship of Children
Temporary Guardianship
For short-term situations (parental travel, illness, etc.):
Document Purpose Temporary guardianship letter Notarized authorizationMedical consent Authority to seek medical care School authorization Authority for school decisions Statutory declaration Formal declaration of temporary guardianship
Note: Temporary arrangements are not court-ordered but can be helpful for dealing with schools, doctors, and other institutions.
Permanent Guardianship Through Will Parents can name a guardian for their children in their will:
Takes effect only after both parents' death
Should include backup guardian
Will should be properly witnessed and stored
Court-Appointed Guardianship In some situations, a court must appoint a guardian:
Situation Court Action Parents deceased with no will Court appoints guardian Dispute over guardianship Court decides Children's Aid involvement Court-ordered guardianship Parents incapable Court appoints guardian
Guardianship of Incapable Adults When adults cannot manage their own affairs due to mental incapacity, there are several pathways to guardianship.
Power of Attorney (Prevents Need for Guardianship) If someone has properly executed Powers of Attorney before becoming incapable:
This is the preferred approach — planning ahead avoids court involvement.
Court-Appointed Guardian of Property When someone is incapable and has no Power of Attorney:
Required documents include:
Document Description Application to court Formal court application Affidavit of applicantYour sworn statement Capacity assessment From designated assessor Management plan How you'll manage their property Bond (often required) Financial guarantee
Statutory Guardian of Property The Public Guardian and Trustee automatically becomes guardian when:
Someone is found incapable during a capacity assessment
No Power of Attorney exists
No family/friend applies
Family can then apply to replace the statutory guardian.
Guardian of the Person Similar to guardian of property, but for personal decisions:
Document Description Application to court Formal application Affidavit Supporting your application Capacity assessment Confirming incapacity for personal decisions Guardianship plan How you'll make decisions for them
Required Affidavits for Guardianship Affidavits are sworn statements used extensively in guardianship matters:
Affidavit in Support of Application Your main statement explaining:
Your relationship to the person
Why guardianship is needed
Your suitability as guardian
Your plans for the person/property
Affidavit of Service Proves that required people were notified of the application:
The incapable person
Family members
The Public Guardian and Trustee
Others as required
Affidavits from Collateral Sources Statements from others supporting the application:
Family members
Friends
Healthcare providers
Financial institutions
Affidavit of Assets and Liabilities Details the incapable person's:
Assets
Debts
Income
Expenses
Capacity Assessments A capacity assessment by a designated assessor is usually required:
What It Includes
Interviews with the person
Medical records review
Assessment of decision-making ability
Written report
Using the Assessment
Original goes to court
Certified copies for other purposes
May need to be updated periodically
Documents for Ongoing Guardianship Once appointed as guardian, you'll need ongoing documentation:
For Guardian of Property Document When Needed Management plan At appointment Annual accounting Yearly Receipts and records Ongoing Affidavits for courtAs required
For Guardian of the Person Document When Needed Guardianship plan At appointment Annual reports May be required Medical consents As needed Statutory declarations For various purposes
Temporary Substitute Decision-Making For emergency situations, hospitals and care facilities may need:
Emergency Consent Immediate family members can sometimes consent to emergency treatment without formal guardianship.
Section 20 Notices When someone is found incapable of managing property during a capacity assessment, notices must be given.
Guardianship for Children Traveling Internationally When children travel with guardians (not parents):
Travel Documentation Document Purpose Travel consent letter Parental permission Guardianship letter Proof of guardianship Notarized authorizationFor border officials Medical authorization For healthcare abroad
These should always be notarized for international travel.
What to Include
Child's full information
Guardian's full information
Parents' contact information
Travel dates and destinations
Emergency medical authorization
Custody vs. Guardianship These terms are often confused:
Term Meaning Custody Typically refers to parenting arrangements after separation/divorce Guardianship Legal authority when parents are unable to act (death, incapacity)
Custody is governed by family law; guardianship is governed by different legislation.
International Considerations
Foreign Guardianship in Canada If you have guardianship from another country:
May need recognition in Canada
Certified copies of foreign orders
Affidavits about foreign proceedings
Authentication/apostille of foreign documents
Canadian Guardianship Used Abroad If using Canadian guardianship documents internationally:
Certified copies of court orders
Authentication chain (notary → provincial → federal → embassy)
Or apostille for Hague countries
Common Guardianship Mistakes
❌ Not Planning Ahead The best approach is to have Powers of Attorney in place before incapacity. This avoids:
Court costs
Delays
Family disputes
Public Guardian involvement
❌ Incomplete Applications Guardianship applications require extensive documentation. Missing documents cause delays.
❌ Not Serving All Required Parties Court rules require notice to many people. Improper service can void the process.
❌ Not Understanding Ongoing Obligations Guardians have legal duties:
Acting in best interests
Keeping records
Filing accounts
Getting court approval for major decisions
❌ Confusing Guardianship with POA Power of Attorney only works if signed before incapacity. After incapacity, guardianship may be needed.
Costs Associated with Guardianship
Court Process Costs Item Approximate Cost Court filing fees $200-400 Legal fees $2,000-10,000+ Capacity assessment $500-2,000 Bond (if required) Premium varies
Notarization Costs
How We Can Help At Minutes Notary, we assist with guardianship documentation:
We understand the sensitive nature of guardianship matters and provide professional, compassionate service.
Need Help with Guardianship Documents? Whether you're applying for guardianship or planning ahead with Powers of Attorney, we're here to help. Book an appointment with Minutes Notary.
Related Articles #guardianship #family #legal #children #incapacity
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