Disability Issues, Adult Guardianship

The Office of the Public Guardian and Trustee (‘PGT’) is under the umbrella of Ontario’s Ministry of the Attorney General. One of the mandates of the PGT is the protection of individuals who have been found to be mentally incapable of managing their property. In such instances, the PGT may become a person’s statutory guardian of property.

Why is it called a ‘statutory’ guardian of property?

The role is called a ‘statutory’ guardian as it is created pursuant to a written law or ‘statute’. In Ontario, that statute is the Substitute Decisions Act (‘SDA’). The statute sets out how substitute decisions makers are appointed, including how the PGT becomes the statutory guardian of property of an incapable person.

Ontario’s recently announced Spring 2017 Budget included some very welcome, and long overdue, changes to the Ontario Disability Support Program (‘ODSP’). Although seen by many as not going far enough, it is hoped that these changes represent a step in the right direction.

Let’s begin by identifying the key players. The individual who opens and manages a Registered Disability Savings Plan (‘RDSP’) is known as the ‘holder’. The holder is also responsible for making or authorizing contributions to the RDSP. The ‘beneficiary’ is the individual with a disability for whom the RDSP was established.
The rules surrounding who can be a holder and who becomes the holder when the beneficiary reaches the age of majority can be confusing. These rules are a combination of the provincial laws dictating the age of majority, general laws regarding a person’s competency to enter into a contract, and federal laws governing the setting up of RDSPs.

The simple answer is no, not necessarily. However, there will likely be changes to the ODSP income support and benefits that are received. An ODSP recipient is always required to make all ‘reasonable efforts’ to obtain any…