(5) The court may, on motion by a person referred to in subsection (3), vary the order. 1992, c. 30, s. 2 (2). (7) The guardian shall consult from time to time with. (3) Except in the case of an application that is being dealt with under section 77 (summary disposition), the court shall consider. 1996, c. 2, s. 13. 1996, c. 2, s. 54. 1996, c. 2, s. 25 (2). 1992, c. 30, s. 52; 1996, c. 2, s. 33 (1); 2016, c. 23, s. 70 (3). 1996, c. 2, s. 16 (4). The person whose property is under guardianship. The attorney under a continuing power of attorney for property. 22 (1) The court may, on any person’s application, appoint a guardian of property for a person who is incapable of managing property if, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so. There are two ways to identify who would be your SDM in Ontario: The Health Care Consent Act provides a hierarchy (ranked listing) of your possible automatic SDMs. Applications under the Substitute Decisions Act. 2006, c. 19, Sched. 1992, c. 30, s. 27 (4). (2) A revocation shall be in writing and shall be executed in the same way as a power of attorney for personal care. (4) The guardian shall seek to foster regular personal contact between the incapable person and supportive family members and friends of the incapable person. No docu… 1996, c. 2, s. 10; 2009, c. 33, Sched. 1996, c. 2, s. 16 (3). A, s. 20 (3). 1996, c. 2, s. 6 (1). 33 (1) A guardian of property is liable for damages resulting from a breach of the guardian’s duty. 61 (1) The court may vary an order appointing a guardian of the person under section 55 or substitute another person as guardian, on motion in the proceeding in which the guardian was appointed. 56 Part III (Procedure) applies to applications to appoint guardians of the person. (“testament”)  1992, c. 30, s. 1 (1); 1996, c. 2, s. 3 (1-5); 2002, c. 17, Sched. 1992, c. 30, s. 42 (5). (3) Clause (2) (a) does not apply if the guardian is the Public Guardian and Trustee or a trust corporation within the meaning of the Loan and Trust Corporations Act. The applicant’s attorney for personal care, if known. 26 (1) The court may vary an order appointing a guardian of property under section 22 or substitute another person as guardian, on motion in the proceeding in which the guardian was appointed. 1992, c. 30, s. 69 (3). 1996, c. 2, s. 53. B, s. 22 (9). 3. 1992, c. 30, s. 7 (8). (b) any other attorneys under the power of attorney; (c) the person named by the power of attorney as a substitute for the attorney who is resigning, if the power of attorney provides for the substitution of another person; and. (c) is subject in Ontario to the provisions of this Act respecting guardians of property or guardians of the person, as the case may be. 1992, c. 30, s. 66 (14). (3) An application or motion under this section may be made by the incapable person’s guardian of property, attorney under a continuing power of attorney, dependant, guardian of the person or attorney under a power of attorney for personal care, by the Public Guardian and Trustee, or by any other person with leave of the court. (a) the person’s guardian of property or guardian of the person; (b) the person’s attorney under a power of attorney that confers authority in respect of the person’s property or under a power of attorney for personal care; (c) a member of the College of a health profession as defined in the Regulated Health Professions Act, 1991; (e) a person who operates a controlled-access residence; (f) a bank, loan or trust corporation, credit union or other financial institution; (i) any other person or class of persons designated by the regulations. 1996, c. 2, s. 10. A, s. 97 (2). 1992, c. 30, s. 32 (5). Alcoholism and Drug Addiction Research Foundation Act, Child, Youth and Family Services Act, 2017, Ministry of Community and Social Services Act, Ministry of Health and Long-Term Care Act, Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by striking out “Independent Health Facilities Act” and adding “Oversight of Health Facilities and Devices Act, 2017”. 1992, c. 30, s. 66 (13). (b) a certificate signed by the registrar, clerk or other officer of the court that made the foreign order stating that the order is unrevoked and of full effect. (8) The power of attorney need not be in any particular form. (10) This section prevails over any other Act. (i) no person has delivered a notice of appearance. If you want your Power of Attorney for Property to be a Continuing Power of Attorney for Property then you must say that the authority can be exercised during incapacity pursuant to the Substitute Decisions Act. (3) If an attorney has reason to believe that a person entitled to receive a copy of the attorney’s resignation needs it to be provided in an accessible format, or if the person has requested an accessible format, the attorney shall provide the person with a copy of the resignation in a format that is accessible to that person. 1992, c. 30, s. 71 (2); 1996, c. 2, s. 47. For more information, see: Public Guardian and Trustee of B.C (8) A guardian who receives compensation for managing the property shall exercise the degree of care, diligence and skill that a person in the business of managing the property of others is required to exercise. (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (2) does not relieve the Crown of any liability to which the Crown would otherwise be subject. 1992, c. 30, s. 24 (6). 1992, c. 30, s. 66 (5). A. 1992, c. 30, s. 69 (2); 1996, c. 2, s. 45 (2). (i) the original power of attorney, or a copy of it that is authenticated in a manner satisfactory to the Public Guardian and Trustee, (ii) a 4 This Part applies to decisions on behalf of persons who are at least eighteen years old. (3) Under an order for partial guardianship, the guardian may exercise those of the powers set out in subsections 59 (2), (3), (4) and (5) that are specified in the order. 2016, c. 5, Sched. 93 Omitted (enacts short title of this Act). ACCOUNTS AND RECORDS OF ATTORNEYS AND GUARDIANS. 1992, c. 30, s. 74 (2). (a.1) a facility that is a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008. The proposed guardian of property. (2) If a statutory guardian of property has reason to believe that a person entitled to notice of the guardian’s resignation under subparagraph 2 i of subsection (1) needs it to be provided in an accessible format, or if the person has requested an accessible format, the guardian shall provide the person with a copy of the notice in a format that is accessible to that person. (a) make the appointment for a limited period as the court considers appropriate; (b) impose such other conditions on the appointment as the court considers appropriate. The person(s) highest on that list who meet the requirements to be a substitute decision maker will be the one who will make decisions on behalf of the incapable patient. iii. 1992, c. 30, s. 37 (1). (11) Nothing in this Act affects the common law duty of caregivers to restrain or confine persons when immediate action is necessary to prevent serious bodily harm to them or to others. (8) The order may suspend the powers of any attorney under a continuing power of attorney during the term of the temporary guardianship. (b) the assessment was performed during the six months before the notice of application was issued. (14) Nothing in this Act affects the law relating to giving or refusing consent on another person’s behalf to one of the following procedures: 1. 1996, c. 2, s. 44. 53 (1) A power of attorney for personal care is terminated. Court appointment of guardian of the person. 1996, c. 2, s. 16 (3). 27, s. 5. 1996, c. 2, s. 33 (2); 2005, c. 5, s. 65 (5); 2016, c. 23, s. 70 (2). 9, s. 120 (1)), Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by striking out “Private Hospitals Act”. (b) the person in respect of whom the power of entry is being exercised or is sought to be exercised. And will remain sufficient to satisfy the requirements of subsection ( 2 ) the court may suspend powers! 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