Helpful Hints in Completing Your Application To Replace The Public Guardian and Trustee As Statutory Guardian

Helpful Hints in
Completing Your
Application to
Replace the Public
Guardian and
Trustee as Statutory
Guardian
Office of the Public Guardian and Trustee Ministry of the Attorney General
Table of Contents
Introduction ........................................................................................................................................................................... 2
General Hints ........................................................................................................................................................................ 2
Form 1 – Application Form ......................................................................................................................................... 3
Form 2 – Management Plan ..................................................................................................................................... 6
General ................................................................................................................................................................................. 6
Section A ............................................................................................................................................................................. 7
Section B – Land ........................................................................................................................................................... 7
Section C – General Household Items and Vehicles ........................................................................ 7
Section D – Valuables ............................................................................................................................................... 8
Section E – Savings and Savings Plans ....................................................................................................... 8
Section F – Securities and Investments ....................................................................................................... 9
Section G – Accounts Receivable................................................................................................................. 10
Section H – Business Interests ........................................................................................................................ 10
Section I – Other Property .................................................................................................................................. 10
Section J - Liabilities ................................................................................................................................................. 11
Section K - Income ..................................................................................................................................................... 11
Section L – Expenses ............................................................................................................................................... 11
Section M – Legal Proceedings....................................................................................................................... 12
Section N – Additional Information ............................................................................................................... 13
Conclusion ....................................................................................................................................................................... 14
Forms and Examples ............................................................................................................................................... 15
Helpful Hints in Completing Your Application to Replace the Public Guardian and Trustee 1
Introduction
The enclosed Application (Form 1) and Management Plan (Form 2) are important
legal documents.
When properly completed they should clearly explain how you plan to manage the
financial affairs of your incapable relative.
These forms should be completed carefully, legibly and with as much detail as
possible.
The following is a list of useful tips, which can help avoid delays in processing the
application.
General Hints
 Type or clearly print on both forms.

 Forms submitted in pencil, pencil crayon or copies cannot be processed and
will be returned to you.
 Both forms must be signed and dated. If you are applying with another family
member, they must also sign the Application Form and Management Plan.
 Where any particular section is too small to include necessary information,
please add additional pages as part of your application.
 Complete all sections of both forms in full. If a section does not apply, you
should put “none” or “not applicable.” Do not simply draw a line through a non-
applicable section.
Form 1 – Application Form
Page 1: Name, address and telephone of incapable person

 The name of the incapable person should be set out here exactly as in
section (A) of the Form 2-Management Plan.
 The address should be the current address of the incapable person, even if
this is a hospital or other temporary residence. If the incapable person does not have
a telephone, the telephone number of the institution is acceptable (where
applicable).
Relationship to incapable person

 If you are married to the incapable person, please mark box 1 “spouse”.
However, the application will not be refused if you mark box 3 “relative” and write in,
“spouse,” “wife,” or “husband.”
 In item 3 (“relative”), state what your relationship to the incapable person is,
not their relationship to you. For example, if the incapable person is your mother,
you should put “son” or “daughter”, not “mother.”
 If you are applying jointly with another relative, this must be clearly marked.
Note: If the relationship was originally created by marriage, termination of the

marriage by death, divorce or annulment terminates the legal relationship. This
affects eligibility to apply to replace the Office of the Public Guardian and Trustee.
For example, if your father is deceased and your stepmother is incapable, you are
not eligible to apply to replace the Public Guardian and Trustee as your
stepmother’s statutory guardian of property as you are no longer legally related by
marriage. You may still seek a Court Order appointing you as her guardian.
Page 2: Other persons entitled to apply

As a general rule, relatives over the age of 18 who are directly related to the
incapable person must be included, e.g. spouse, brother, sister, children and
parents.
 If a closely related relative does not have contact with the incapable person,
that should be clearly stated in the application.
 More remote relatives (e.g. aunt, uncle, nephew, niece, in-laws) should be
included if the incapable person does not have any more directly related relatives or
if that person is in close contact with the incapable person.
 The relatives of the incapable person who are at least 18 years of age are also
entitled to apply for guardianship, and have a right to be informed of your
application.
 Each column must be completed in full.
 Please attach further pages only if space isn’t sufficient.
 If a relative has not been informed, please provide a reasonable explanation
why not.
 Where relatives are stated as opposing the application, please indicate why.
The Public Guardian and Trustee may contact these individuals to ask why they
oppose your application.
 If a relative is also incapable, this information should be set out under the
column “Support or Oppose Application” by stating, “person is incapable.”
 Don’t put “yes” or “no” in the column “Support or Oppose Application.” Put
either “support” or “oppose.”
Page 3: Applicant’s Statement
Applicant Statement #1
 The Public Guardian and Trustee may ask you to provide specific details to
verify your contact with the incapable person, and may confirm this information
independently.
 The value should equal the total value of assets in sections (B) through (I) in
your Management Plan (Form 2) minus liabilities in section (J).
 Not all persons who have declared bankruptcy are undischarged bankrupts. If
you are unsure of your status, please check with your trustee in bankruptcy or legal
advisor on whether your bankruptcy remains “undischarged.”
This is an important and often misunderstood statement.
 The Public Guardian and Trustee will likely refuse your application if your
response is “no.” Security in the form of a surety bond is often required. This is
similar to insurance and offers protection to the incapable person’s property. The
premiums are paid from the incapable person’s funds. Please note that obtaining a
surety bond is not the same thing as “being bonded.”
 You will be notified at the time we advise you if your Management Plan is
appropriate whether you will need to post a surety bond. It may depend on the
value of the assets. We will also send you a list of surety providers. These are
private insurance companies, not government agencies. You need to be aware that
approval for a bond is not a certainty. For example, bond providers frequently
require an applicant to have a net worth similar in value to that of the incapable
person. If you are thinking of applying to replace the Public Guardian and Trustee
you may wish to contact one or more of these providers to ask about the typical
criteria that they apply when processing bond applications.
 Where the applicant is the incapable person’s spouse, the Public Guardian
and Trustee generally1 does not require a bond if the applicant provides a sworn
affidavit regarding potential family law claims . The incapable person`s children may
be asked to consent to this arrangement.
 Except in exceptional circumstances, applicants (even spouses) who reside

outside Ontario, will be required to post a surety bond regardless of the value of the
incapable person’s assets.
1
An exception is where the spouse’s assets exceed $250,000, or $500,000 including real estate.
Page 3: Second address section

 This section should only be completed in applications for joint guardianship
and used to indicate the main contact.
 If you are applying to be the sole guardian, it is best to state the section is “not
applicable.”
Page 4: Notice of Fee

 You may ask the Public Guardian and Trustee to waive the fee. To do this,
write your request clearly somewhere on this page and provide reasons why the fee
should be waived
(e.g. assets and income too meagre; the $382 cost would cause the incapable
person undue hardship. )
 Don’t pay the fee in advance. The Public Guardian and Trustee only asks for
the fee when an application is approved.
Form 2 – Management Plan
General
 A plan is required for all assets of the incapable person. If more than one
asset is set out in a given section, your plan should address what you would do to
manage each asset.
 Sections that do not apply should be clearly marked as “none” or “not

applicable.”
 Where the plan is to sell an asset, the Management Plan must outline how
proceeds from the sale will be used.
 If the specific details of the incapable person`s finances are unknown, please
contact the incapable person’s representative at the Public Guardian and Trustee. If
the Public Guardian and Trustee does not yet have the information, the
representative should be able to obtain it.
Section A
 All names used in this section must exactly match the name on the Form 1.
Section B – Land
 Use this section to disclose all real estate owned or partially owned by the
incapable person, regardless of who resides there.
 In describing the land, you may use the mailing address. The only exception
is when the mailing address is a “rural route,” “general delivery” or a postal box. In
these cases, the Public Guardian and Trustee require a legal description. The Public
Guardian and Trustee representative may assist in determining the legal description.
 The incapable person may co-own the property with someone either as a
joint tenant or a tenant-in-common. This information should be set out clearly in the
form. Only the incapable person’s share of the “estimated market value” should be
included. For example: B. LAND:
Type and address of property or properties Estimated market value

House at 3131 1st Lane, Anytown, Ont., N0T Total value: $200,000, $100,000.00
0N3, held as a joint tenant with spouse. incapable person has a 50%
interest
TOTAL: $100,000.00
 When the plan is to sell the house, an amended management plan is usually
required after the sale to remove the asset, update the financial information and
show how the proceeds from the sale will be managed.
Section C – General Household Items and Vehicles

 If the incapable person has neither “general household items” nor “vehicles,”
you must clearly indicate that “none” applies in both cases. For example:
C. GENERAL HOUSEHOLD ITEMS AND VEHICLES: (Give general description for
vehicles, list year, model, make.)
Item Particulars Estimated current

market value
General There are no general $0.00
household: household items and no
Vehicles: vehicles
TOTAL: $0.00
 Full particulars of vehicles are required, including: make, model,

year, and general condition. For example, “1977 Olds Cutlass 4-door
sedan in excellent working condition.”
 Information about insurance coverage on the vehicle is required.
 If general household items are to be stored, full details re storage must be

provided. If there are costs associated with storage, these should be set out in
section L-expenses.
 General household items in this section are often confused with “Valuables” in
section D. Only list the assets once.
 General household items typically include: furniture, knick-knacks, wall
hangings, costume jewellery, clothing, linen, appliances, TVs, stereos, radios, DVDs,
electronics, toys, computers, games, tools, shelving, books, cutlery, and sporting
equipment.
Section D – Valuables
 You may be required to provide an appraisal and information about insurance
coverage where the incapable person owns valuable items, but check first with the
representative of this office. An appraisal of valuables may have been done already.
 Valuables typically include: antiques (e.g., Ming vase, Georgian furniture, 18th
c. brass work etc.), art, jewellery, collectables, gemstones, precious metals, coin or
stamp collections, musical instruments.
Section E – Savings and Savings Plans

 List all bank accounts belonging wholly or in part to the incapable person.
 List the account number, current balance, and the name and address of the
financial institution. If the Public Guardian and Trustee holds monies of the incapable
person, the amount should be listed with an explanatory statement, e.g. “Funds held
by the PGT.”
 List the type of account and who has access to it (e.g. chequing account
owned jointly between the incapable person and her spouse).
 If the incapable person’s bank account balance exceeds the amount covered
by federal insurance, the plan should state that the excess funds will be withdrawn
and deposited/invested in an insured product. For information on what is covered
under CDIC, please visit www.CDIC.ca
 Generally, guardians should hold the incapable person`s savings accounts
and other investments ”in trust” on behalf of the incapable person. As such, the
Public Guardian and Trustee usually requires that the accounts be converted to
trust accounts.
 Any joint accounts will generally be required to be closed, with the exception
of accounts held between spouses where the spouse is the applicant. A history of
the account may need to be obtained to confirm ownership of the funds.
 Only the incapable person’s share of the account should be set out as its
“Current amount or value.”
 This section is sometimes confused with section F-securities and investments,
especially regarding RRSPs or GICs. However, it is acceptable as long as the assets
are properly disclosed, are only listed once and an appropriate management plan is
provided.
Section F - Securities and Investments

 Full particulars of securities need to be included, such as type of security,
account number, terms, name of financial institution, investment house or brokerage
firm, and type of account investing (e.g. RRSP, RDSP, TFSA, etc.)
 Securities and investments should also be held in trust for the incapable
person when it is practical to do so.
Section G – Accounts Receivable

Accounts receivables are monies owed to the incapable person. This is often
confused with liabilities (or “debts”). Section J-Liabilities should be used to disclose
debts and mortgages owed by the incapable person.
This section is also sometimes confused with section M-legal proceedings in

situations where litigation is still proceeding and damages to be paid to the
incapable person remain undetermined. It is best to use section M-legal proceedings
to list such matters. Unless damages are awarded that have not yet been received,
they should not be considered accounts receivable.
Section H – Business Interests
 Typically this section is used to indicate a private enterprise. This section is

sometimes confused with Section B-land where the incapable person owns rental
real estate. Using either section is acceptable as long as the asset is fully disclosed,
only listed once, and an appropriate plan is provided for its management. The same
is true with respect to Section F-securities and investments where the incapable
person is the holder of stocks in a corporation.
 The full legal name of the business(es) should be set out and the incapable
person’s interest identified.
 The incapable person’s role (e.g. limited partner, general partner, sole
proprietor, etc.) should also be noted. The corporate documents may be required for
review.
 Only the incapable person’s share of the business should be included under
“Estimated Current Value.” In some cases, it may be very difficult to arrive at a
reasonable estimate. You may need to consult with the Public Guardian and
Trustee representative or obtain independent financial advice to determine the
value of their interest.
Section I – Other Property

 Generally, “other property” includes any assets that do not fit into the
specified categories. Some examples include: cash surrender value of a life
insurance policy, pre-paid funeral plan, inheritance, entitlement under a division of

property order (e.g., divorce or separation agreement), and contents of a safety
deposit box if not listed elsewhere in the management plan already.
 This section is sometimes confused with section M-legal proceedings where
litigation is in progress and the amount of damages to be paid to the incapable
person remains unknown. Section M-legal proceedings should be used in that
instance.
Section J - Liabilities
 It is important to include the following information about a mortgage: name
of financial institution or other lender, outstanding balance, and whether the
mortgage is jointly held.
 Liabilities often include outstanding credit card or line of credit charges. A
plan will be needed to pay off these debts. The Public Guardian and Trustee will
generally require that you agree to cancel all credit cards and lines of credit of the
incapable person.
 Only the incapable person’s share of any debts or mortgages should be

included.
Section K - Income
 List all of the incapable person’s income sources, with annual total amounts
for each source. Pensions include: ODSP, GIS, OAS, CPP (disability, survivor, and
retirement), and private pensions (disability or retirement).
 Income sources that are often overlooked, but must be included, are: GST
refunds, Trillium payments, interest on an investment portfolio, payments from
annuities, support payments, and rental income.
 If income is higher than expenses in section L, the plan should set out how the
surplus income will be invested or managed.
Section L – Expenses
 Unlike the balance of the sections in the Management Plan, the plan portion
of this section is broken down into six specific sections lettered (a) through (f).
 Each of the subsections (a) through (f) must be completed in full even if the
response is “not applicable” in each case.
 Where expenses are subsidized (e.g. benefits plan pays for some or all of the
nursing home costs), this should be clearly indicated under “particulars.”
 If the incapable person lives in a facility (e.g. group home, nursing home, etc.)
any expense not covered under within the monthly fee should be set out as
additional expenses. Examples include dental care, personal spending money,
entertainment, clothing, medical services and medicine, and recreation etc.
 If the plan is to sell the incapable person’s house, all costs associated with the
house that are to be paid by the incapable person should be included. These
expenses can be removed on the amended management plan filed after the sale of
the house.
 Section 37 of the Substitute Decisions Act,1992 sets out how gifts, loans and
charitable donations can be made. Generally, they are only allowed if the incapable
person can afford them and if it was known that the incapable person typically
made such gifts, loans and charitable donations while they were capable. You may
need to consult a lawyer about the legal ramifications of section 37 of the Substitute
Decisions Act,1992.
 In all cases where expenses exceed income, you must provide a plan on how
the deficit will be
covered (e.g. from capital of incapable person’s estate, paid for by supportive family
members etc.)
Section M – Legal Proceedings

 Before completing this section, it would be prudent to check with the
incapable person’s Public Guardian and Trustee representative for any information
on possible lawsuits or legal claims. It may also be necessary to consult with the
incapable person’s lawyer if they have one.
 Some of the proceedings that the Public Guardian and Trustee most
commonly encounters include: divorce, personal injury claims, estate
administration, claims to recover misappropriated funds, and breach-of-contract
claims.
 All four subsections must be completed, even if the response is “not

applicable” in each case.
 If a Judgment has been issued awarding the incapable person damages, and
the damages haven’t yet been collected, a plan for the recovery of funds should be
set out.
 Where legal proceedings exist or are anticipated, a plan is needed for
contingent liabilities and legal expenses associated with the lawsuit.
 If the incapable person’s spouse or supporting relative has died recently, that
should be referenced, along with a plan to protect the incapable person’s interest in
the estate. The plan should state whether independent legal advice will be sought.
 If the incapable person was injured because of an accident, they may be
entitled to insurance proceeds or damages. The plan needs to state how the
incapable person’s potential claim for compensation/damages will be protected,
and should at a minimum indicate that legal advice will be obtained.
Section N – Additional Information

 Re subsections (a) and (b): Supportive family members and caregivers of the
incapable person should be consulted. If not, an explanation is required.
 Re subsection (c): The views of the incapable person should be sought. It is
important to note that the Public Guardian and Trustee may refuse your application
if the incapable person objects. If there are reasons why you have not consulted the
incapable person, set them out in detail.
 Re subsection (d): Supportive family members and caregivers of the incapable
person should be consulted on a regular basis after your appointment. If that is not
the plan, an explanation is required.
 Re subsection (e) re Will: If no Will exists, it is acceptable to say that. A person
who has a financial guardian may have the legal capacity to make a Will. Given the
capacity issue, it is recommended that if the incapable person wants to make a will,
an independent lawyer should be retained.
Conclusion
Below is a list of links to other resources related to guardianship:
1. www.ontario.ca/laws This website contains all of the laws of Ontario, including
the Substitute Decisions Act, 1992 – the primary statute in Ontario that governs
guardianship.
2. www.attorneygeneral.jus.gov.on.ca. This is the website for the Ministry of the
Attorney General. It includes bulletins and background about powers of
attorney, guardianship, the Public Guardian and Trustee and related matters.
3. www.forms.ssb.gov.on.ca This website contains copies of the forms needed to
apply to replace the Public Guardian as statutory guardian of property.
For further clarification, please consult OPGT staff or your lawyer.
Ministry of the Form 1 - Application to Replace the
Attorney General
Public Guardian and Trustee as
Office of the Public Guardian and Trustee
Statutory Guardian of Property by
a Person Authorized to Apply
under Subsection 17(1)1, 2, 3, 4
Substitute Decisions Act, 1992
Notice to the Applicants:
1. The personal information contained in your application is collected under the authority of section
17 of the Substitute Decisions Act, 1992, and will be used to process your application to replace
the Public Guardian and Trustee as statutory guardian of property in accordance with the law and
policies of the Office of the Public Guardian and Trustee. Questions about this collection of
information should be directed to:

595 Bay Street, Suite 800
Toronto, ON M5G 2M6
Tel: 416-314-2800
Attention: Screening Unit
Notice of Fee
The Public Guardian and Trustee charges a fee of $382.00 plus HST of $49.66 for
processing an application for statutory guardianship, under the authority of s.8 of the
Public Guardian and Trustee Act. This fee will be collected from the incapable person’s
property at the time the application process is completed or, if insufficient funds are held
by the Public Guardian and Trustee, will be payable by the applicant prior to issuance of
the certificate of statutory guardianship. In cases where payment of the fee will cause
undue financial hardship to the incapable person, it is possible to obtain a waiver of the
fee.
Form No. 236
15
Ministry of the Form 1 - Application to Replace the
Attorney General
Public Guardian and Trustee as
Statutory Guardian of Property by
a Person Authorized to Apply
under Subsection 17(1)1, 2, 3, 4
(Please note: attach additional pages if more space is needed)
Name of Incapable Person (in full):
(Surname, first and initials)

Address:
Telephone: Residence Date of Birth:

(Day, Month, Year)
Your relationship to the incapable person is:
1.  spouse * 2.  partner ** 3.  relative ________________________

(describe relation)
Or, you are a:
4.  trust corporation
5.  attorney under a continuing power of attorney made prior to the date the Certificate of Incapacity
was issued and which does not give the attorney authority over all of the incapable person’s property
Attachment(s) required:
 if box 4 above is completed, copy of the consent of the incapable person’s spouse or partner
 if box 5 above is completed, copy of continuing power of attorney

*'Spouse' means a person,
(a) to whom the person is married, or
(b) with whom a person is living in a conjugal relationship outside marriage, if the two persons:
(i) have cohabited for at least one year,
(ii) are together the parents of a child, or
(iii) have together entered into a cohabitation agreement under Section 53 of the Family Law Act.
** Two persons are ‘partners’ if they have lived together for at least one year and have a close personal relationship that is of
primary importance in both persons’ lives.
Form No. 236
16
Please list any other person who is entitled to apply under subsection 17(1) *** who is known to you.
Please state whether you have informed each person listed on your application for statutory guardianship and
indicate if they have informed you of whether they support or oppose your appointment.
*** Any of the following persons may apply to the Public Guardian and Trustee to replace the Public Guardian and Trustee as an
incapable person’s statutory guardian of property:
(i) the incapable person’s spouse or partner,
(ii) a relative of the incapable person,
(iii) the incapable person’s attorney under a continuing power of attorney, if the power of
attorney was made before the Certificate of Incapacity was issued and does not give
the attorney authority over all of the incapable person’s property, or
(iv) a trust corporation within the meaning of the Loan and Trust Corporations Act, if the
incapable person’s spouse or partner consents in writing to the application.
Name Person(s) Relationship Address and Support or

Informed to Telephone Number Oppose
Yes/No Incapable Application
Person
Applicant’s Statement:
1. Have you been in personal contact with the incapable person during the preceding 12-month period?
Or, if you are a trust corporation, has the incapable person’s spouse or partner been in personal
contact with the incapable person during the preceding 12-month period?
 Yes  No
2. Are you willing to perform all duties required of a guardian in respect of the incapable person’s
property and do you agree to act in accordance with the Management Plan?
 Yes  No
3. To the best of my knowledge and belief, the total approximate value of the property of the incapable
person is $ . Particulars of the assets and their respective approximate value are
listed on the attached Management Plan, forming part of this application.
(If you are a trust corporation, please skip questions 4-8)
4. Is your relationship with the incapable person a friendly one?
 Yes  No
5. Have you been found guilty of any offence relating to financial mismanagement under the Criminal
Code?
 Yes  No
Form No. 236
17
6. Are you an undischarged bankrupt?
 Yes  No
7. Have you been held liable in a civil proceeding relating to fraud, breach of trust or any other type of
financial mismanagement?
 Yes  No
8. I understand that the Public Guardian and Trustee may refuse my application unless I provide a bond
securing the value of the incapable person’s property in a form and amount agreeable to the Public
Guardian and Trustee of Ontario.
 Yes  No
NOTE: Attach Management Plan
SUBSECTIONS 89(5) and (6) OF THE SUBSTITUTE DECISIONS ACT, 1992 PROVIDE:
ss. 89 (5): NO PERSON SHALL, IN A STATEMENT MADE IN A PRESCRIBED FORM, ASSERT

SOMETHING THAT HE OR SHE KNOWS TO BE UNTRUE OR PROFESS AN OPINION
THAT HE OR SHE DOES NOT HOLD.
ss. 89 (6): A PERSON WHO CONTRAVENES SUBSECTION (5) IS GUILTY OF AN OFFENCE
AND IS LIABLE, ON CONVICTION, TO A FINE NOT EXCEEDING $10,000.00
Date Signature of proposed Statutory Guardian(s) of Property or, if a trust corporation an authorized signing officer
Name(s):
(Please Print)
Address(es):
Telephone number(s):
NOTE: If you are proposing the appointment of two or more persons as joint statutory guardians,
please indicate to which applicant the property and accounts, if applicable, and the Certificate of
Statutory Guardianship should be delivered if the appointment is made:
Name of proposed statutory guardian of property:
Address:
Telephone: _____________________________
Form No. 236
18
Ministry of the
Attorney General
Form 1 – SAMPLE
Application to Replace the Public
Guardian and Trustee as Statutory
Guardian of Property by a Person
Authorized to Apply under
Subsection 17(1)1, 2, 3, 4
Notice to the Applicants:

1. The personal information contained in your application is collected under the authority of section
17 of the Substitute Decisions Act, 1992, and will be used to process your application to replace
the Public Guardian and Trustee as statutory guardian of property in accordance with the law
and policies of the Office of the Public Guardian and Trustee. Questions about this collection of
information should be directed to:

595 Bay Street, Suite 800
Toronto, ON M5G 2M6
Tel: 416-314-2800
Attention: Screening Unit
Notice of Fee
The Public Guardian and Trustee charges a fee of $382.00 plus HST of $49.66 for
processing an application for statutory guardianship, under the authority of s.8 of the
Public Guardian and Trustee Act. This fee will be collected from the incapable person’s
property at the time the application process is completed or, if insufficient funds are held by
the Public Guardian and Trustee, will be payable by the applicant prior to issuance of the
certificate of statutory guardianship. In cases where payment of the fee will cause undue
financial hardship to the incapable person, it is possible to obtain a waiver of the fee.
Form No. 236 - SAMPLE
19
Ministry of the
Attorney General
Form 1 – SAMPLE
Application to Replace the Public
Guardian of Property by a Person
Authorized to Apply under
Subsection 17(1)1, 2, 3, 4
(Please note: attach additional pages if more space is needed)

Name of Incapable Person (in full): Smith, Mary
(Surname, first and initials)
Address: Anytown Long Term Care Facility
171 West Any Street, Anytown, Ont., N0T 0N3
Telephone: Residence (519) 865-1873 Date of Birth: 14 April 1923

(Day Month Year)
Your relationship to the incapable person is:
1.  spouse * 2.  partner ** 3.  relative Daughter and son

(describe relation)
Or, you are a:
4.  trust corporation
5.  attorney under a continuing power of attorney made prior to the date the Certificate of Incapacity was
issued and which does not give the attorney authority over all of the incapable person’s property
Attachment(s) required:
if box 4 above is completed, copy of the consent of the incapable person’s spouse or partner
if box 5 above is completed, copy of continuing power of attorney
*'Spouse' means a person,

(a) to whom the person is married, or
(b) with whom a person is living in a conjugal relationship outside marriage, if the two persons:
(i) have cohabited for at least one year,
(ii) are together the parents of a child, or
(iii) have together entered into a cohabitation agreement under Section 53 of the Family Law Act.
** Two persons are ‘partners’ if they have lived together for at least one year and have a close personal relationship that is of primary
importance in both persons’ lives.
20
Please list any other person who is entitled to apply under subsection 17(1) *** who is known to you.
Please state whether you have informed each person listed on your application for statutory guardianship and
indicate if they have informed you of whether they support or oppose your appointment.
*** Any of the following persons may apply to the Public Guardian and Trustee to replace the Public Guardian and
Trustee as an incapable person’s statutory guardian of property:
(i) the incapable person’s spouse or partner,
(ii) a relative of the incapable person,
(iii) the incapable person’s attorney under a continuing power of attorney, if the power of
attorney was made before the Certificate of Incapacity was issued and does not give the
attorney authority over all of the incapable person’s property, or
(iv) a trust corporation within the meaning of the Loan and Trust Corporations Act,
if the incapable person’s spouse or partner consents in writing to the
application.
Name Person(s) Relationship Address and Support or Oppose

Informed to Telephone Number Application
Yes/No Incapable Person
Joseph Smith Yes Son 125 4/5th Street, Support
NYC (202) 546-9485
Aimee Doe Yes Granddaughter RR 2, Anytown, Support
Ont., N0T 0N3 (519)
865-0982
George Smith Yes Brother 11 Burrell Ave., Oppose
Toronto M4X 2R5
(647) 221-7942
Applicant’s Statement:
1. Have you been in personal contact with the incapable person during the preceding 12-month period?
Or, if you are a trust corporation, has the incapable person’s spouse or partner been in personal contact with the
incapable person during the preceding 12-month period?
 Yes  No
2. Are you willing to perform all duties required of a guardian in respect of the incapable person’s property and
do you agree to act in accordance with the Management Plan?
 Yes  No
3. To the best of my knowledge and belief, the total approximate value of the property of the incapable person is
$ 166,102.00. Particulars of the assets and their respective approximate value are listed on the attached
Management Plan, forming part of this application.
(If you are a trust corporation, please skip questions 4-8)
21
4. Is your relationship with the incapable person a friendly one?
 Yes  No
5. Have you been found guilty of any offence relating to financial mismanagement under the Criminal Code?
 Yes  No
6. Are you an undischarged bankrupt?
 Yes  No
7. Have you been held liable in a civil proceeding relating to fraud, breach of trust or any other type of financial
mismanagement?
 Yes  No
8. I understand that the Public Guardian and Trustee may refuse my application unless I provide a bond securing
the value of the incapable person’s property in a form and amount agreeable to the Public Guardian and
Trustee of Ontario.
 Yes  No
NOTE: Attach Management Plan
SUBSECTIONS 89(5) and (6) OF THE SUBSTITUTE DECISIONS ACT, 1992 PROVIDE:
ss. 89 (5): NO PERSON SHALL, IN A STATEMENT MADE IN A PRESCRIBED FORM, ASSERT

SOMETHING THAT HE OR SHE KNOWS TO BE UNTRUE OR PROFESS AN OPINION THAT
HE OR SHE DOES NOT HOLD.
ss. 89 (6): A PERSON WHO CONTRAVENES SUBSECTION (5) IS GUILTY OF AN OFFENCE AND IS
LIABLE, ON CONVICTION, TO A FINE NOT EXCEEDING $10,000.00
11 April 2016 “Britney Doe” / “Jake Smith”

Date Signature of proposed Statutory Guardian(s) of
Property or, if a trust corporation an authorized
signing officer
Name (s): 1. Britney Doe

(Please Print)
2. Jake Smith
Addresses): 1. 1474 St. Paul Street, Someplace, Ont., N0W 0N3

2. 2511 Oakmount Crescent, Anytown, Ont., N0T 0N3
Telephone number(s): 1. (705) 856-1238 2. (519) 865-4352
22
NOTE: If you are proposing the appointment of two or more persons as joint statutory guardians, please indicate
to which applicant the property and accounts, if applicable, and the Certificate of Statutory Guardianship
should be delivered if the appointment is made:
Name of proposed statutory guardian of property: Britney Doe
Address: 1474 St. Paul Street, Someplace, Ont., N0W 0N3
Telephone: (705) 856-1238

23
Ministry of the Form 2 – Management Plan
Attorney General
Note: Where the document is completed as part of an application for court appointed guardianship of
property, please insert general heading and court file number.
A. This Management Plan is provided as part of the application made by:
__________________________________________________________________________
(Full name(s) of applicant(s))
to be appointed as guardian of the property of
__________________________________________________________________________
(Full name of person for whom guardianship is sought)
To the best of my knowledge and belief, the assets, liabilities, income and expenditures of
__________________________________________________________________________
(Name of person for whom guardianship is sought)
at this date are stated below. My plans for managing them and the reasons for these plans are as
follows:
Complete the parts below that apply to the finances of the person for whom guardianship is sought.
Attach additional pages if the space below is insufficient. Where a part does not apply, write ‘None’ or
‘Not Applicable’ in the space provided.
LAND:
TOTAL:
PLAN:
For each of the above noted properties indicate your plans (e.g., sell at market value, lease at market
value, other), the anticipated time frame for completing the transactions, if applicable, and your
reasons for these plans:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Form No. 237
24
C. GENERAL HOUSEHOLD ITEMS AND VEHICLES: (Give general description for vehicles, list year, model,
make.)
Item Particulars Estimated Current Market Value
General Household:
Vehicles:
TOTAL:
PLAN:
Explain your plans for these items (e.g., retain for use of person for whom guardianship is sought, sell at
market value, place in storage, gift, other) and your reasons for these plans:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
D. VALUABLES (including antiques, art, collectibles, jewellery):

TOTAL:
PLAN:
Explain your plans for these items (e.g., sell at market value, place in storage, other) and your
reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
E. SAVINGS AND SAVINGS PLANS (include cash, assets in financial institutions, registered
retirement or other savings plans, deposit receipts, pension plans etc.):
Category Institution Account Number Current Amount or Value
TOTAL:
PLAN:
Explain your plans for the savings described above (e.g., close current accounts and
consolidate in a trust account, deposit cash, maintain savings plans, collapse plans as required
to meet ongoing expenditures, etc.) and your reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
Form No. 237
24
F. SECURITIES AND INVESTMENTS (include bonds, shares, warrants, options, debentures,
notes and any other securities):
Category Number Description Estimated Current Market
Value
TOTAL:
PLAN:
Explain your plans with respect to the above-noted securities and investments (e.g., maintain
in current form, renew as required, convert, redeem, etc.) and your reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
G. ACCOUNTS RECEIVABLE (include all debts owing to person for whom guardianship is sought):
Particulars Amount
TOTAL:
PLAN:
Explain your plans regarding collection of the above-noted debts and your reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
H. BUSINESS INTERESTS: (Show any interests owned by the person for whom guardianship is
sought in an unincorporated business. An interest in an incorporated business may be shown
here or under Securities.)
Name of Firm or Interest Estimated Current Value
Company
TOTAL:
PLAN:
Explain your plans regarding the above-noted business interests (e.g., maintain, dissolve, sell,
etc.) and your reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Form No. 237
26
I. OTHER PROPERTY: (Show any other property owned by the person for whom guardianship
is sought and which is not shown above.)
Category Particulars Estimated Current Market Value
TOTAL:
PLAN:
Explain your plans for the property described above and the reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
J. LIABILITIES: (Show the debts owed by the person for whom guardianship is sought including
personal loans, credit card balances, outstanding bills, income tax owing, etc.)
Description of Debt Particulars Amount of Debt
TOTAL:
PLAN:
Explain your plans with respect to these debts and the reasons for these plans:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
K. INCOME: (Show net income from all sources on an annual basis.)

Type of Income Particulars Approximate Annual Amount
Pension
Employment
Interest
Rental
Business
Other
TOTAL:
Form No. 237
27
PLAN:
Explain your plans for the collection, deposit and allocation of the income described above:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
L. EXPENSES: (Describe the expenses, calculated on an annual basis, which you anticipate
will be required to be made on behalf of the person for whom guardianship is sought.)
Expense Particulars Approximate Annual Amount
Residential
Utilities
Recreational/Entertainment
Travel
Personal Care
Support for Dependents
Property Maintenance
Gifts
Loans
Charitable Donations
Other
TOTAL:
PLAN:
Explain below:
(a) Whether any of the payments described above are of direct or indirect financial benefit to
you, a person you live with or to whom you are related. If so, please explain why these
payments are necessary and appropriate:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(b) Whether any significant increases or decreases in the above expenditures are
anticipated, or whether any additional expenditures are likely. If so, please explain:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(c) Whether the expenditures listed above will adequately meet the personal needs and
maximize the enjoyment of life of the person for whom guardianship is sought:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Form No. 237
28
(d) If you are planning to make gifts, loans or charitable donations, please explain the
reasons why you believe these expenditures are appropriate:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(e) If payments to dependents, or for their benefit, are required please provide details about
the nature of these payments and the reasons for them:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(f) Are there any expenditures which others have recommended which you are not planning
to make? If so, please explain:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
M. LEGAL PROCEEDINGS: (Identify any current legal proceedings relating to property to which
the client is a party including any civil or criminal proceedings.)
Nature of Legal Proceedings Status of Proceedings
PLAN:
(a) Please explain your plans in respect of these proceedings:

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Do you anticipate that legal proceedings may need to be commenced or defended on the
person’s behalf in respect of his or her property? If so, please explain:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(b) What arrangements for legal representation for the person have been made or do you
propose?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Form No. 237
29
(c) Are you aware of any existing court orders or judgments which are relevant to the
management of the person’s property? If yes, describe or attach copies.
 Yes  No If yes, describe:

________________________________________________________________________
________________________________________________________________________
N. ADDITIONAL INFORMATION:
(a) I have consulted with the person for whom guardianship is sought in making this plan:
(check one)
 Yes  No If no, please provide reasons:

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(b) I have consulted with the following other people in preparing this plan:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(c) To the best of my knowledge, the person for whom guardianship is sought would not
object to any aspect of this management plan: (check one)
 Yes, would object  No, would not object

If yes, please explain: _____________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(d) I am aware of my duty to encourage the participation of the person for whom
guardianship is sought in decisions I may make and to consult with supportive family and
friends and caregivers. My plans to do so are as follows: (briefly describe)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(e) I am aware that I would, as guardian of property, be required to make reasonable efforts
to determine whether the person for whom guardianship is sought has a will and, if so,
what the provisions of the will are and I am entitled to obtain the incapable person’s will.
My plans to do so are as follows:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Form No. 237
30
(f) I am aware that I am not to dispose of property that I know is subject to a specific
testamentary gift in the will of the person for whom guardianship is sought unless the
specific testamentary gift is of money or if the disposition of that property is necessary to
comply with my duties as guardian of property or to make a gift of the property to the
person who would be entitled to it under the will, if the gift is authorized by section 37 of
the Substitute Decisions Act, 1992.
SUBSECTIONS 32(10) and 32(11) OF THE SUBSTITUTE DECISIONS ACT, 1992, PROVIDE:
ss.32(10): A GUARDIAN SHALL ACT IN ACCORDANCE WITH THE MANAGEMENT PLAN.
ss.32(11): IF THERE IS A MANAGEMENT PLAN, IT MAY BE AMENDED FROM TIME TO TIME

WITH THE PUBLIC GUARDIAN AND TRUSTEE’S APPROVAL.
SUBSECTIONS 89(5) AND 89(6) of the SUBSTITUTE DECISIONS ACT, 1992, PROVIDE:
ss.89(5): NO PERSON SHALL, IN A STATEMENT MADE IN A PRESCRIBED FORM, ASSERT

SOMETHING THAT HE OR SHE KNOWS TO BE UNTRUE OR PROFESS AN
OPINION THAT HE OR SHE DOES NOT HOLD.
ss.89(6): A PERSON WHO CONTRAVENES SUBSECTION (5) IS GUILTY OF AN OFFENCE

AND IS LIABLE, ON CONVICTION, TO A FINE NOT EXCEEDING $10,000.00.
_________________________
Date
___________________________________________________________
Signature of proposed Guardian(s) of property
Name(s) (please print):

__________________________________________________________________
__________________________________________________________________
Address(es):
__________________________________________________________________
__________________________________________________________________
Telephone number(s):
_________________________________________________________________
Form No. 237
31
Ministry of the Form 2 – Management Plan
Attorney General
SAMPLE
FORM 2 - MANAGEMENT PLAN SAMPLE

Note: Where the document is completed as part of an application for court appointed guardianship of
property, please insert general heading and court file number.
A. This Management Plan is provided as part of the application made by:
Britney Doe and Jake Smith
(Full names[s] of applicant[s])
to be appointed as guardian of the property of
Mary Smith
(Full name of person for whom guardianship is sought)
To the best of my knowledge and belief, the assets, liabilities, income and expenditures of
Mary Smith
(Name of person for whom guardianship is sought)
at this date are stated below. My plans for managing them and the reasons for these plans are as follows:
Complete the parts below that apply to the finances of the person for whom guardianship is sought.
Attach additional pages if the space below is insufficient. Where a part does not apply, write “None” or
“Not Applicable” in the space provided.
B. LAND:
Single-family dwelling (vacant) located at 3131 Jay Lane, (Mary Smith has a 100% interest in property)
Anytown, Ont., N0T 0N3, held in joint tenancy with $ 100,000.00
spouse (he died last year).
TOTAL: $100,000.00
PLAN:
For each of the above noted properties indicate your plans (e.g., sell at market value, lease at market value,
other), the anticipated time frame for completing the transactions, if applicable, and your reasons for these
plans:
Obtain temporary vacancy permit and insurance. Register a Survivorship Application on title to terminate
the joint tenancy since husband died. Obtain two independent appraisals of property. Sell at fair market
value. On receiving professional financial advice apply proceeds for the benefit of Mary Smith. Property
is to be sold because Mary is in a Long Term Care setting and needs liquid assets to meet her ongoing
needs and expenses.
C. GENERAL HOUSEHOLD ITEMS AND VEHICLES: (Give general description for vehicles,
list year, model, make.)
General household: Chattels in house: old furniture $100.00
Vehicles: 1977 Olds Cutlass – needs tune up, $500.00
bodywork and other repairs
TOTAL: $600.00
Form No. 237
32
PLAN:
Explain your plans for these items (e.g., retain for use of person for whom guardianship is sought, sell at
market value, place in storage, gift, other) and your reasons for these plans:
Furniture to be sold at fair market value or disposed of as scrap. Car is presently insured in name of
Mary Smith and will be sold at fair market value. All proceeds from the sale of the car and household
items to be applied to meet Mary’s ongoing needs and expenses.
D. VALUABLES (including antiques, art, collectibles, jewellery):
18K ring with diamond Wedding ring $500.00
TOTAL: $500.00
PLAN:
Explain your plans for these items (e.g., sell at market value, place in storage, other) and your reasons for
these plans:
Retain for Mary Smith to continue to wear. The ring has great sentimental value to her.
E. SAVINGS AND SAVINGS PLANS (include cash, assets in financial institutions, registered
retirement or other savings plans, deposit receipts, pension plans etc.):
Category Institution Account Current Amount or Value
Number
Chequing account (held CIBC, Anytown, 17328-023912 (Mary Smith has a 100% interest in
jointly with late spouse) Ontario these savings)
$14,000.00
Savings account (held TD-CT, Anytown, 395-661-588 Full value: $2000 $1,000.00
jointly with Jake Smith, Ontario (Mary has one-half
guardianship applicant) interest)
TOTAL: $15,000.00
PLAN:
Explain your plans for the savings described above (e.g., close current accounts and consolidate in a trust
account, deposit cash, maintain savings plans, collapse plans as required to meet ongoing expenditures, etc.)
and your reasons for these plans:
Split the funds in the TD-CT account and close it. Close current accounts and consolidate into a trust
account. Redirect income from all sources to be deposited into this account. Use funds from account to
meet Mary’s ongoing expenses and apply excess funds, on receipt of professional financial advice,
toward a conservative investment portfolio, held in trust. We would be prepared to file an accounting
re TD-CT account showing Mary’s half interest, if requested by the Public Guardian and Trustee
F. SECURITIES AND INVESTMENTS (include bonds, shares, warrants, options, debentures,

notes and any other securities):
Category Number Description Estimated Current Market Value
Canada Savings A9493291 Series 6, 6% return semi- $30,000.00
Bond annual, renewable June 1, 2006
TOTAL: $30,000.00
Form No. 237
33
PLAN:
Explain your plans with respect to the above-noted securities and investments (e.g., maintain in current form,
renew as required, convert, redeem, etc.) and your reasons for these plans:
Redeem bond when it matures. Seek professional financial advice about investment of the proceeds in
further conservative investments and securities to be held in trust for the benefit of Mary Smith.
G. ACCOUNTS RECEIVABLE (include all debts owing to person for whom guardianship is
sought):
Particulars Amount
Interest in Estate of spouse, Jim Smith, an $ 1.00
intestacy
TOTAL: $1.00
PLAN:
Explain your plans regarding collection of the above-noted debts and your reasons for these plans:
Value of Mary’s interest unknown, but estate’s value known to be small. Nominal value assigned to
estate for now. On Mary Smith receiving her full entitlement to this estate, proceeds would be invested
in trust in a conservative investment portfolio. The Public Guardian and Trustee will be notified once her
interest in the Estate is fully known. Jake Smith, joint applicant for guardianship has applied
to administer estate.
H. BUSINESS INTERESTS: (Show any interests owned by the person for whom guardianship is
sought in an unincorporated business. An interest in an incorporated business may be shown here
or under securities.)
Name of Firm or Company Interest Estimated Current Value
None N/A $0.00
TOTAL: $0.00
PLAN:
Explain your plans regarding the above-noted business interests (e.g., maintain, dissolve, sell, etc.)
and your reasons for these plans:
Not applicable
I. OTHER PROPERTY: (Show any other property owned by the person for whom guardianship is
sought and which is not shown above.)
Category Particulars Estimated Current Market Value
1. Pre-paid funeral plan Anytown Funerals Inc. $5,000.00
2. Safety Deposit box Located at CIBC, Anytown $1.00
3. Life Insurance Geneva-Swiss, equity on policy $3,000.00
TOTAL: $8,001.00
PLAN:
Explain your plans for the property described above and the reasons for these plans:
1. Plan is paid in full. Maintain plan and use as required. 2. Contents unknown. Nominal value assigned.
Plan to open box and determine existence of assets. Report of assets to be provided to Public Guardian
and Trustee. If any assets in box, professional financial advice to be sought on how to best apply
proceeds for our mother’s benefit. 3. Maintain equity on policy, beneficiaries: Mary’s grandchildren.
Form No. 237
34
J. LIABILITIES: (Show the debts owed by the person for whom guardianship is sought including
personal loans, credit card balances, outstanding bills, income tax owing, etc.)
Description of Debt Particulars Amount of Debt
1. Credit card CIBC Visa 1929 9993 3222 $3,000.00
2. Mortgage CT-TD Mortgage instrument $15,000.00
AK843923 registered in Algoma LRO
TOTAL: $18,000.00
PLAN:
Explain your plans with respect to these debts and the reasons for these plans:
1. Cancel credit card; make monthly payments toward reducing debt. 2. Make payments as required
under mortgage. On sale of the house pay off outstanding balance on credit cards and mortgage.
K. INCOME: (Show net income from all sources on an annual basis.)

Type of Income Particulars Approximate Annual Amount
Pension OAS $8,172.00
GIS $4,566.00
Private: ABC Inc. $12,256.00
Employment n/a $0.00
Interest From Canada Bond $500.00
Rental n/a $0.00
Business n/a $0.00
Other GST refund $304.00
TOTAL: $25,798.00
PLAN:
Explain your plans for the collection, deposit and allocation of the income described above:
Deposit into newly proposed trust account referenced in section (E). Income in excess of expenses to be
applied pursuant to the plan set out in section L (c) of this Management Plan.
L. EXPENSES: (Describe the expenses, calculated on an annual basis, which you anticipate will be
re-quired to be made on behalf of the person for whom guardianship is sought.)
Expense Particulars Approximate Annual Amount
Residential LTC facility + Mortgage payments $15,000.00 + $3,600.00 = $18,600.00
Utilities Hydro, gas $300.00
Recreational/Entertainment Included in LTC facility, Anytown $0.00
Travel Not applicable $0.00
Personal Care For meds, clothes, hair $1,500.00
Support for Dependants Not applicable $0.00
Property Maintenance Taxes on home $500.00
Gifts Xmas/birthdays gifts to grandchildren $500.00
Loans None $0.00
Charitable Donations Tithes to church: $5 per week $260.00
Other Insurance premium + credit card payments $240.00 + $1800.00= $2040.00
TOTAL: $23,700.00
Form No. 237
35
PLAN:
Explain below:
(a) Whether any of the payments described above are of direct or indirect financial benefit to you,
a person you live with or to whom you are related. If so, please explain why these payments
are necessary and appropriate:
No.
(b) Whether any significant increases or decreases in the above expenditures are anticipated, or
whether any additional expenditures are likely. If so, please explain:
Costs at LTC facility, Anytown, likely to increase. However, our mother’s income is still higher than her
expenses. Her medical costs will also likely rise as she ages.
(c) Whether the expenditures listed above will adequately meet the personal needs and maximize
the enjoyment of life of the person for whom guardianship is sought:
Yes. In addition, we intend to seek professional financial advice to decide whether excess income should
be applied toward Mary Smith’s investment portfolio, toward improved care facilities or toward
a combination thereof.
(d) If you are planning to make gifts, loans or charitable donations, please explain the reasons
why you believe these expenditures are appropriate:
Our mother was very fond of her grandchildren and always was generous with gifts. Our mother regularly
attended church and was known to historically tithe about $5 per week.
(e) If payments to dependents, or for their benefit, are required please provide details about the
nature of these payments and the reasons for them:
Our mother has no dependents.
(f) Are there any expenditures which others have recommended which you are not planning to
make? If so, please explain:
No
Form No. 237
36
M. LEGAL PROCEEDINGS: (Identify any current legal proceedings relating to property to
which the client is a party including any civil or criminal proceedings.)
Nature of Legal Proceedings Status of Proceedings
Settlement and administration of estate of late Applicant for joint guardianship has applied to the
spouse, Jim Smith. Ontario Superior Court for a Certificate of Appointment
of Estate Trustee without a Will.
PLAN:
(a) Please explain your plans in respect of these proceedings:
On being appointed as administrator of the estate, proceed to distribute in accordance with the law.
(b) Do you anticipate that legal proceedings may need to be commenced or defended on the
person’s behalf in respect of his or her property? If so, please explain:
No, the proceedings are likely to proceed on a non-contentious basis.
(c) What arrangements for legal representation for the person have been made or do you
propose?
None, legal proceedings only indirectly relate to the incapable person.
(d) Are you aware of any existing court orders or judgements which are relevant to the
management of the person’s property? If yes, describe or attach copies.
 Yes  No If yes, describe:

Not applicable
N. ADDITIONAL INFORMATION:
(a) I have consulted with the person for whom guardianship is sought in making this plan: (check
one)
 Yes  No If no, please provide reasons:

Not applicable
(b) I have consulted with the following other people in preparing this plan:
Joseph Smith, son of incapable person; Aimee Doe, granddaughter of incapable person;
Frank Singh, social worker at LTC facility, Anytown; Tom Chung, client representative with
Public Guardian and Trustee’s office; Mark Brown, family lawyer.
Form No. 237
37
(c) To the best of my knowledge, the person for whom guardianship is sought would not object to any
aspect of this management plan: (check one)
 Yes, would object  No, would not object
If yes, please explain:
(d) I am aware of my duty to encourage the participation of the person for whom guardianship is
sought in decisions I may make and to consult with supportive family and friends and caregivers.
My plans to do so are as follows: (briefly describe)
Supportive family and caregivers to be consulted about all important decisions to be made on behalf of
Mary Smith.
(e) I am aware that I would, as guardian of property, be required to make reasonable efforts to
determine whether the person for whom guardianship is sought has a will and, if so, what the
provisions of the will are and I am entitled to obtain the incapable person’s will. My plans to do
so are as follows:
Mary Smith does not have a will. Legal advice will be retained to determine whether Mary Smith
can make a will. The joint applicants are aware that they themselves cannot make a will for Mary Smith.
(f) I am aware that I am not to dispose of property that I know is subject to a specific testamentary
gift in the will of the person for whom guardianship is sought unless the specific testamentary gift
is of money or if the disposition of that property is necessary to comply with my duties as
guardian of property or to make a gift of the property to the person who would be entitled to it
under the will, if the gift is authorized by section 37 of the Substitute Decisions Act, 1992.
Form No. 237
38
SUBSECTIONS 32(10) and 32(11) OF THE SUBSTITUTE DECISIONS ACT, 1992, PROVIDE:
ss.32(10): A GUARDIAN SHALL ACT IN ACCORDANCE WITH THE MANAGEMENT PLAN.
ss.32(11): IF THERE IS A MANAGEMENT PLAN, IT MAY BE AMENDED FROM TIME TO

TIME WITH THE PUBLIC GUARDIAN AND TRUSTEE’S APPROVAL.
SUBSECTIONS 89(5) AND 89(6) of the SUBSTITUTE DECISIONS ACT, 1992, PROVIDE:
ss.89(5): NO PERSON SHALL, IN A STATEMENT MADE IN A PRESCRIBED FORM,

ASSERT SOMETHING THAT HE OR SHE KNOWS TO BE UNTRUE OR PROFESS
AN OPINION THAT HE OR SHE DOES NOT HOLD.
ss.89(6): A PERSON WHO CONTRAVENES SUBSECTION (5) IS GUILTY OF AN OFFENCE

AND IS LIABLE, ON CONVICTION, TO A FINE NOT EXCEEDING $10,000.00.
April 11, 2016

Date
“Britney Doe” / “Jake Smith”

Signature of proposed guardian (s) of property
Name (s) (please print) :
1. Britney Doe
2. Jake Smith
Address (es) :
1. 1474 St. Paul Street, Someplace, Ont., N0W 0N3
2. 2511 Oakmount Cr., Anytown, Ont., N0T 0N3
Telephone number (s) : 1. (705) 856-1238 2. (519) 865-4352
Form No. 237
38
Ministry of the Attorney General © Queen’s Printer for Ontario, 2007

Helpful Hints in Completing your Reprinted in 2020
Application to replace the Public Disponible en français
Guardian
ISBN 978-1-4249-3908-4

Helpful Hints in Completing Your Application To Replace The Public Guardian and Trustee As Statutory Guardian

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Helpful Hints in Completing Your Application To Replace The Public Guardian and Trustee As Statutory Guardian

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Helpful Hints in

 Type or clearly print on both forms.

Form 1 – Application Form

Page 1: Name, address and telephone of incapable person

Relationship to incapable person

Note: If the relationship was originally created by marriage, termination of the

Page 2: Other persons entitled to apply

Page 3: Applicant’s Statement

 Except in exceptional circumstances, applicants (even spouses) who reside

Page 3: Second address section

Page 4: Notice of Fee

Form 2 – Management Plan

 Sections that do not apply should be clearly marked as “none” or “not

Type and address of property or properties Estimated market value

Section C – General Household Items and Vehicles

Item Particulars Estimated current

 Full particulars of vehicles are required, including: make, model,

 If general household items are to be stored, full details re storage must be

Section E – Savings and Savings Plans

Section F - Securities and Investments

Section G – Accounts Receivable

This section is also sometimes confused with section M-legal proceedings in

Section H – Business Interests

 Typically this section is used to indicate a private enterprise. This section is

Section I – Other Property

insurance policy, pre-paid funeral plan, inheritance, entitlement under a division of

 Only the incapable person’s share of any debts or mortgages should be

Section M – Legal Proceedings

 All four subsections must be completed, even if the response is “not

Section N – Additional Information

For further clarification, please consult OPGT staff or your lawyer.

Notice to the Applicants:

Office of the Public Guardian and Trustee

Form No. 236

(Please note: attach additional pages if more space is needed)

Name of Incapable Person (in full):

(Surname, first and initials)

Telephone: Residence Date of Birth:

1.  spouse * 2.  partner ** 3.  relative ________________________

Or, you are a:

 if box 5 above is completed, copy of continuing power of attorney

Name Person(s) Relationship Address and Support or

4. Is your relationship with the incapable person a friendly one?

NOTE: Attach Management Plan

ss. 89 (5): NO PERSON SHALL, IN A STATEMENT MADE IN A PRESCRIBED FORM, ASSERT

Notice to the Applicants:

Substitute Decisions Act, 1992

Office of the Public Guardian and Trustee

Form No. 236 - SAMPLE

(Please note: attach additional pages if more space is needed)

Substitute Decisions Act, 1992

Telephone: Residence (519) 865-1873 Date of Birth: 14 April 1923

Your relationship to the incapable person is:

1.  spouse * 2.  partner ** 3.  relative Daughter and son

Or, you are a:

*'Spouse' means a person,

Name Person(s) Relationship Address and Support or Oppose

Form No. 236 - SAMPLE

6. Are you an undischarged bankrupt?