Most elderly individuals will reach a point where they are not able to manage their own affairs. Some people will choose someone to act on your behalf in this situation, such as a Power of Attorney for Personal Care or a Power of Attorney for Property.

However, sometimes these powers of attorney have not been specified. In these cases, someone will need to apply to be a substitute decision maker; that is, a Guardian of Property or a Guardian of the Person. These are also sometimes appointed by the court.

The Guardian of the Person acts for the incapable individual in regards to personal care decisions, such healthcare, home maintenance, nutrition and medical treatment.

Meanwhile, the Guardian of Property acts on behalf of the incapable person in all of their financial matters. The duties are similar to that of a Power of Attorney for Property, and include managing bank accounts, dealing with pensions and other income, paying bills and maintaining/selling property.

Our Estate Law Group can assist you in applying to become either a Guardian of Property Guardian of the Person