What sort of information will I have to provide in the affidavits?

The Dependent Adults Act specifically states that no application shall be made for a guardianship order unless it is accompanied by a report from a physician or a psychologist. The doctor of the proposed dependent adult will probably have experience with these reports and will be able to provide you with the necessary report. It will contain a description of the health, both mental and physical, of the dependent adult, outline areas of difficulty and concern, with concrete examples from the history of the person. It will also give an opinion from the doctor about the necessity of such an order. In addition, the court must see a written consent from the person proposed as the guardian.

Notice of the application must be given at least 10 days before the date of the hearing to

• the proposed dependent adult;
• the nearest relative to the dependent adult living in Canada;
• if the nearest relative is the applicant, to the next nearest relative;
• the person proposed as guardian, if he or she is not the applicant;
• the head of the institution where the dependent adult is living, if he or she is in an institution;
• the Public Guardian, if he or she is not the applicant;
• the attorney under an enduring power of attorney, if there is one and the attorney is not also the applicant;
• any trustee of the dependent adult, if there is one and he or she is not the applicant;
• an agent named in a personal directive;
• any other person that the court may direct.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.