Guardianship And Capacity

Guardianship and Capacity Issues

The rights of individuals with capacity issues can also be protected by working with Guardians and other substitute decision-makers to ensure that they understand their obligations and the limitations of their powers. When conflict arises between a guardian and an “incapable” individual, guardians need guidance to ensure they can deal effectively and fairly with the matter.

A guardianship is a legal arrangement in which an individual assumes legal responsibility for an adult who is unable to care for themselves due to mental incapacity. You can apply for guardianship for a person when they don’t have a power of attorney or if their attorney fails to or is unwilling to fulfill their duties. Our lawyer can help you protect your vulnerable loved ones by guiding you through your guardianship application.

Representing individuals before the Superior Court of Justice to obtain, terminate or vary a Court-Appointed Guardianship

• Representing “incapable” persons as section 3 counsel
• Mediating relationships between persons with capacity issues and their guardians, attorneys or other substitute decision makers
• Guiding persons who wish to become guardians or substitute decisions makers
• Advising substitute decision makers to ensure they carry out their functions properly
• Advising people who wish to provide for an incapable relative in their will

We represent persons with capacity issues before boards, tribunals and the courts to ensure that their rights are protected and that any imposition on their decision making rights, such as the appointment of a Guardian, is done in a way that least restricts the individual’s autonomy.

(We will accept legal aid certificates to represent an “incapable” person seeking to terminate or vary a guardianship).

Fiduciary claims

A fiduciary is someone who manages money or other assets on behalf of another person. Fiduciary claims occur when the beneficiaries of an estate and a fiduciary—a trustee, executor, or agent—disagree about the fiduciary’s acts and decisions. Trusts and estates is a highly specialized area of the law, and it is critical that your legal counsel has extensive experience in estate litigation and fiduciary advisory services. Munk Law Professional Corporation is uniquely qualified to handle all kinds of fiduciary disputes.