Guardianships & Capacity

At the time of planning an estate, it is essential to also prepare for possible incapacity. In this circumstance, it is vital to take into account those situations where a person may be alive but unable to make decisions on their own as a result of illness or accident. In such circumstances, we offer many services which include:

  • Powers of Attorney for personal care, and to manage property and business matters
  • Inter-Vivos trusts are useful when a person is alive
  • Succession planning for a business
  • Retirement planning

Capacity And Consent

Many times, a person may be unable to make decisions for their care and assets due to illness or disability. The power to make decisions themselves and matters affecting their life is a fundamental right that is upheld by Canadian law. Capacity issues can affect a person’s ability to make decisions about managing their property, assets, health care, personal care, marriage, etc.


When a person has a reasonably sized estate and has lost the mental capacity to manage their financial affairs, there is a need to appoint a guardian. If there is no proper power of attorney for property already executed, relatives may engage in rivalry and engage in costly litigation to dispute the management of the estate. They may want to have full control of the estate by becoming guardians. Guardianship can be made for personal care and property care.

Proper Planning Is Vital

If a person becomes incapacitated without having all the documents in place, it can have many unwanted consequences. The Office of the Public Guardian and Trustee takes responsibility for the incapacitated person’s care and estate as per the Substitute Decisions Act. In this circumstance, a close friend or relative of the incapacitated person may seek to become their property guardian by seeking a court appointment. At this challenging time, it is advisable to have an experienced and knowledgeable Guardianships and Capacity lawyer with you to support this process. Pickford & Associate Lawyers can benefit you with their extensive experience by gathering the requisite evidence and support in completing the documentation process. They will help you understand the expectations and give you the necessary legal advice.

How We Can Help

At Pickford & Associate Lawyers, our experienced Guardianship and Capacity Lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. If you need advocacy for board proceedings and advice on capacity and guardianship matters, contact us today. Our Mississauga Wills and Estate Lawyers are available for a no-obligation free initial consultation. Come and experience the quality legal advice and personalized care we provide to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you. Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali, and much more.


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