Guardianship Lawyers in Toronto

Making the Guardianship Process Easier

While a loved one not being able to make good decisions for themselves isn’t something anyone wants to think about, the reality is that these situations can and do occur. If you are concerned that someone in your life doesn’t have the mental capacity to be responsible for their well-being or you are a family member trying to get guardianship of a child, it’s important to understand everything you can about the guardianship process.

Guardianship is one legal issue where getting things handled quickly is of the utmost importance. If you think a guardianship order needs to be put in place to protect someone, reach out to our office today so we can discuss your options.

What Is Guardianship?

Guardianship is a term that refers to one party having legal authority and responsibility over another. It is usually used when talking about situations other than those involving parents and minor children. For example, another family member may be given guardianship over a minor child, or an adult who has been deemed unable to care for themselves may be placed under the guardianship of another person.

If you are awarded guardianship of another person, you are responsible for their physical, emotional, and financial health. You may have to make medical decisions regarding their treatment, deal with bank accounts and investments, and provide them with basic needs, such as food, clothing, and shelter.

What Circumstances Qualify for a Guardianship Order?

In general, guardianship cases apply to those who are incapable of making their own decisions. This is why a minor child who doesn’t have a parent taking care of them needs to be appointed a guardian. In other situations, the main thing that needs to be shown to the courts to get guardianship approved is that the person lacks the appropriate mental capacity to make good decisions that are in their best interests. This can cover a range of scenarios, and it can be difficult to prove that poor decision-making is caused by mental incapacity and not just personal preference.

How Do I Petition the Courts for Guardianship?

To petition the courts for guardianship, you will need to show that the person in question is not able to make their own decisions. They must either be a minor child or mentally incapable of making decisions regarding their care and lifestyle. In many cases, you will need to show direct evidence of the person’s mental incapacity through medical records, statements, and testimony from doctors or other experts.

You will also need to show why you are an appropriate guardian for the person. The courts will want to make sure that you have the person’s best interests in mind and are able to take on the full responsibilities of guardianship and execute them appropriately.

How Do I Find a Good Guardianship lawyer?

If you are trying to get guardianship of someone, it’s crucial to have a lawyer who is experienced in these types of cases. Proving a need for guardianship and that you are the best person to take over the job can be difficult, and a lawyer can help you file the paperwork, gather evidence and supporting statements, and navigate this often complex process.

To find a good guardianship lawyer, you can ask for recommendations from those who have gone through the process in your area. Online support groups for guardians and other lawyers who don’t practice in this area may be good sources for referrals. It’s also a good idea to schedule a consultation with any lawyer you are considering hiring to discuss your case and see how they can help. They can let you know what type of experience they have in this area and whether or not they feel they can help.

At Anthony Family Law, we know that petitioning for guardianship of someone you love can be a difficult process. You want what’s best for the other person, but it can be challenging to have to go through the courts to do that. Call our office at 647-933-2397, so we can sit down and talk with you about your case and create a plan for moving forward.