Public Guardian and Trustee Ontario: Capacity Assessments, Guardianship and How Family Can Step In

Ontario's Office of the Public Guardian and Trustee (OPGT) makes financial decisions for adults who have been found mentally incapable and have no one else to act, and it is the substitute decision maker of last resort for treatment and long-term care admission decisions (Government of Ontario, checked October 2026). A spouse, partner or relative can apply to replace the OPGT as guardian of property with a management plan, and the simplest way to avoid it altogether is a power of attorney made while your parent is still capable.

Maybe the bank has frozen your dad's account after his stroke, or a hospital social worker just mentioned "the Public Guardian". You're the family; surely you can just handle it? In Ontario, not automatically. The good news is there's a clear path for family to take over.

What does the Public Guardian and Trustee do in Ontario?

The OPGT is a safety net, not a first choice. It follows strict rules and doesn't know your parent. Most families would rather take over themselves.

Our take: If there's any family member willing and able to manage a parent's money, apply to replace the OPGT as soon as you can. It's paperwork, not a court fight, and it keeps decisions with people who know what your parent would want.

What is a capacity assessment in Ontario?

A formal evaluation of whether someone can manage their property, make personal care decisions, or make or cancel a power of attorney. A designated capacity assessor (a doctor, nurse, psychologist, social worker or occupational therapist with special training) is legally required in some cases, such as:

• A section 16 assessment, which decides whether the OPGT should be appointed to manage a person's finances.
• An assessment for someone who wants control of their own finances back after a guardian or the OPGT was appointed.

How much does a capacity assessment cost in Ontario?

There's no set fee: assessors set their own hourly or flat rates, and the person who asks for the assessment usually pays the assessor directly. If you can't afford it, Ontario's Capacity Assessment Office has financial assistance when a designated assessor is legally required, the person doesn't refuse, and the requester meets financial criteria. Contact them at 416-327-6724 or CAO@ontario.ca; they answer applications within 10 business days. Ontario keeps a list of capacity assessors by region.

How can family replace the Public Guardian and Trustee?

If the OPGT is already guardian of property, the incapable person's spouse, partner or relative can apply to replace it:

1. Complete the OPGT's application and a management plan explaining how you'll manage the person's property.
2. The OPGT reviews whether you're suitable and may set conditions.
3. Once approved, you manage the finances under the plan and keep records.

Anyone else (a close friend, for example) applies to the Ontario Superior Court of Justice instead, usually with a lawyer.

What about decisions on health and personal care?

A guardian of the person can only be appointed by the court, with a guardianship plan, and only for the areas where the person has been found incapable. For everyday treatment decisions, family members can usually act as substitute decision maker without a court order; the OPGT steps in only when no one is available. A power of attorney for personal care avoids the question.

How do you avoid the Public Guardian and Trustee?

• Make both powers of attorney while your parent is capable, and name an alternate.
• Keep the originals where the attorney can find them.
• Review them after a diagnosis of dementia, a move to care or a death in the family.

It's also worth reading our probate guide: a power of attorney ends at death, and the executor takes over from there.