Guardian of Property for Autistic Adults in Ontario

Guardianship of property gives one person (the guardian) legal authority to make financial decisions for another person. In the context of autism, this may be considered when an autistic adult is assessed as incapable of managing property (money, investments, real estate). A capacity assessor designated under the SDA must conduct a formal assessment. Being autistic does not automatically mean a person is incapable.

Ontario law presumes every adult is capable unless assessed otherwise. The assessment evaluates whether the person understands the nature and value of their property, the obligations they owe to their dependants, and whether they can develop a plan for managing their financial affairs. Many autistic adults are fully capable of managing their finances, particularly with appropriate supports.

If no power of attorney was created while the person had capacity, guardianship may require a court application to the Ontario Superior Court of Justice. The application can involve a capacity assessment, management plan, financial disclosure, and notice to the adult and others.

Legal fees typically range from $3,000 to $10,000 depending on complexity. Legal Aid Ontario may be available for families who qualify financially. The Office of the Public Guardian and Trustee (OPGT) may be appointed if no suitable private guardian is available. The court reviews the guardian's suitability and the need for guardianship.

Ontario law favours the least restrictive option. Before guardianship, consider a power of attorney for property if the person has capacity to grant one. A representative payee or RDSP arrangement may help with a specific benefit or account, but it does not give general authority over all property.

Informal support can help with budgeting, bill reminders, and appointments. It does not transfer legal authority. ARCH Disability Law Centre and Community Living Ontario may provide guidance on alternatives to guardianship.