Adult Guardianship Applications

You will want to make a guardianship application where a loved one has lost the ability to make sound decisions and does not have a Power of Attorney in place. Adult guardianship applications are made to the Court of Queen’s Bench and may include an application to be appointed personal guardian and property guardian.

A guardianship application requires several documents be submitted to the Court.  The main documents required for guardianship applications include:

  1. the Application for Guardianship;
  2. the Affidavit of the Applicant(s);  and
  3. 2 Affidavits of Assessment.

Affidavits of Assessment are completed by health care providers who are able to swear that the adult in question is unable to make sound decisions and is in need of a guardian.

A guardianship application may be made solely to be appointed as personal guardian for an adult where there is a Power of Attorney, but the Power of Attorney only covers property related decisions.  As a personal guardian, you have the ability to make decisions about health care, social activities, where the adult lives, who has access to the adult, and normal day-to-day decisions.  Generally, applications to be appointed solely as personal guardian are simpler and require less information than applications to be appointed as property guardian.

If you are applying to be a property guardian for an adult, you will need to complete an inventory for yourself and for the adult.  This inventory lists all of your or the adult’s assets and debts and provides a breakdown of monthly expenses.  The inventory for the adult will determine whether a bond is necessary.  Often property guardians have to file a personal bond with the Court as well as obtain a commercial bond.  These bonds help protect the adult against the misuse or theft of his or her property.

The Public Guardian and Trustee must receive notice of your application and may become involved in the Court process.  It is a good idea to start communication with the Public Guardian and Trustee as you will report to and work cooperatively with this office once you are appointed as guardian.

Guardianship applications are necessary where an adult does not have proper estate planning in place. A properly drafted Power of Attorney avoids loved ones having to be involved in this time consuming and costly process.