What Happens Without a Power of Attorney in Ontario

Joshua Laplante

Often a family member or loved one will have to apply through the courts for guardianship of that person.

How long does that take?

A couple of months to a year, or longer depending on variables. Say dad slipped into a coma, he’s stable but he won’t be waking up. The justification for the courts toward guardianship is obvious since dad clearly can’t manage his day-to-day. It becomes much more complicated and takes longer if, say dad was on the edge of dementia, he’s functioning, his decisions are questionable, courts need clear evidence of incapacity such as a formal capacity assessment before awarding guardianship, which can greatly increase the timeline. Anyone without a power of attorney for property and personal care should get one sooner rather than later.

Featured Articles

Uncontested Divorce

Uncontested Divorce Article by Erin Burns Ending a marriage is a major life change, but if you and your spouse have finalized a Separation Agreement, the steps toward divorce are often simpler than expected. With the hard work of reaching an agreement behind you, the...

read more
What Are Notional Taxes?

What Are Notional Taxes?

What Are Notional Taxes? Article by Ken Fraser When spouses separate in Ontario, it is often necessary to address issues that relate to the assets and liabilities owned by each spouse. To properly address these issues, the spouses must know the accurate value for each...

read more

How to Connect With Us