The creation of a well-designed estate plan is key in minimizing the likelihood of estate litigation in the unfortunate event of their death. Failing to properly plan what will happen to your property upon your death can result in conflicts amongst your family members and loved ones. A recent decision from the Ontario Superior Court … Continued
Trusted Toronto Estate Litigation Lawyers Assisting with Removal of Guardians
Guardians for property or personal care are appointed where an individual is no longer capable of making decisions regarding their property (including real estate and finances) or personal care. Guardianship is intended to ensure that incapable persons are well-cared for and that their interests are protected. However, guardians do not always act appropriately or in the best interest of the incapable person. In that case, friends or family of the incapable individual, or another concerned party, can seek to have the guardian removed or replaced.
If you are seeking to have a guardian removed, the team of knowledgeable and compassionate estate litigation lawyers at Eisen Law in Toronto can provide you with the necessary guidance to help you understand your rights, navigate all of your options and ensure that your loved one’s interests are protected.
Removal of Guardians in Ontario
Ontario’s Substitute Decisions Act outlines the process of terminating a court-appointed guardian of property, which is a far more complicated process than terminating a statutory guardian. Production of an assessment indicating that a person is capable is generally sufficient to terminate a statutory guardian of property. However, this is not sufficient in the case of a court-appointed guardian of property. Rather, terminating a court-appointed guardian requires filing a motion with the court and making legal arguments to convince the court that the guardianship is no longer necessary. The motion materials must be served on all immediate family members of the incapable person, and the family members are able to attend the hearing to challenge the removal of guardianship if they wish.
Contact the Toronto estate lawyers at Eisen Law for assistance with Removals of Guardians
At Eisen Law, our knowledgeable and experienced lawyers can help you understand your legal options, and ensure your loved one is taken care of. We offer free initial consultations and will do our best to ensure you can easily access the legal advice that you need. Call us at 416-591-9997 or contact us online if you need assistance in this specific area of estate litigation.
Estates & Trusts
Advocating for Both Estate Trustees and Beneficiaries in Estates
Providing the Management of Care for Those Who Can’t Care for Themselves
Powers of Attorney
Ensuring Proper Care and Governance for Your Loved Ones
Navigating you through all your options, legal rights and obligations
Probate & Estate Administration
Assisting with carrying out duties for executors
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Eisen Law provides the experience, expertise and compassion needed to navigate through a difficult journey.
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Latest news and posts from the Eisen Law blog
When people think about estate disputes it is common to think about family members disagreeing about the distribution of an estate. However, estate litigation can also arise from business relationships. This was the case in a recent case heard before the Ontario Court of Appeal where the business partner of the deceased pursued an action. … Continued
Our partner Holly LeValliant gave a talk on in terrorem clauses at the Six Minute Estate Lawyer event held by the Law Society on April 29th. In plain English, in terrorem clauses are stipulations in Wills that make bequests conditional upon the recipient not taking certain actions. They are most often used to prevent beneficiaries from challenging … Continued