Talk:Default SDM where no Guardianship Order is in Place

Overview

The core legal issue is,

• Who is the default Substitute Decision Maker ("SDM") where:
  • The person has been treated as incapable for that person's whole childhood, up to and including on the day prior to the person reaching the age of majority, and,
  • Where the person continue to appear incapable after the age of 18; and,
  • Where no guardianship order has been granted by the Superior Court under the Substitute Decisions Act, 1992, S.O. 1992, c. 30.

See Also

• Litigation Guardian for Mental Incapacity (LTB)

Forms

• English - 004-0242e - Form 3 - Guardianship Plan
• Form 2 - Management Plan

Legal Representation of a Person Under a Disability

Complete Paralegal Rules of Conduct

3.02 (14) If the disability of the client is such that the client no longer has the legal capacity to manage his or her legal affairs, the paralegal shall take such steps as are appropriate to have a lawfully authorized representative appointed.

...

3.03 (1) A paralegal shall, at all times, hold in strict confidence all information concerning the business and affairs of a client acquired in the course of their professional relationship and shall not disclose any such information unless:

(a) expressly or impliedly authorized by the client;

(b) required by law or by order of a tribunal of competent jurisdiction to do so;

(c) required to provide the information to the Law Society; or

(d) otherwise permitted by this rule.

Substitute Decisions Act, 1992, S.O. 1992, c. 30

16 (1) A person may request an assessor to perform an assessment of another person’s capacity or of the person’s own capacity for the purpose of determining whether the Public Guardian and Trustee should become the statutory guardian of property under this section. 1996, c. 2, s. 10.