Navigating the complexities of caring for a disabled adult child or an incapacitated parent can be overwhelming, especially when it involves legal authority over financial, medical, or personal decisions. In Saskatchewan, adult guardianship is a legal process that grants you the authority to make decisions on behalf of someone who cannot do so independently. This responsibility is legally referred to as "guardianship," and it can be obtained through an application to the Court of King's Bench.

Many families plan for future incapacity through documents like a Power of Attorney, which designates someone to make decisions on their behalf if they lose the capacity to do so. However, these documents can only be signed by someone who has legal capacity at the time of execution. If a person has already lost capacity, a Power of Attorney cannot be created. In such cases, guardianship becomes the only legal route to obtaining the authority needed to make essential decisions on their behalf.

To become a legal guardian, you must apply to the court and demonstrate that the individual is incapable of making decisions on their own. The process involves providing medical evidence of incapacity through an assessment from a healthcare professional, explaining how the adult's affairs are currently managed, and proving that you are the best person to act as guardian on behalf of the adult. Once appointed, a guardian has the legal authority to make decisions in the best interest of the adult, including those related to healthcare, finances, and personal matters, depending on the scope granted by the court.

Guardianship can be tailored to the needs of the adult in question, whether a general authority over most aspects of their life or limited to specific areas like property management or health decisions. Once appointed, guardians have ongoing responsibilities, including the potential for periodic reporting to ensure transparency and accountability in their role.

It is important to seek legal advice and assistance when applying for adult guardianship, as it can be a lengthy and complex process. An experienced lawyer can help gather the necessary evidence, complete the required forms, and ensure the application meets all legal requirements, ultimately increasing the chances of a successful outcome and giving you peace of mind.

About the Author:

Alexandra G. Laidlaw is an associate lawyer in the Saskatoon office, practicing as a solicitor and focusing in the areas of estate planning and administration, mergers and acquisitions and real estate.

About McKercher LLP:

For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province's largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.