Phillippa Geddie

The Public Guardian and Trustee sought appointment as permanent guardian of the person of an incapable adult under the Substitute Decisions Act, 1992.

The incapable person’s daughter opposed the application and sought appointment as guardian with a plan to provide home care.

The court reviewed extensive evidence from the Community Care Access Centre regarding the incapable person’s complex medical needs and the feasibility of home‑based care.

The proposed guardianship plan was found inadequate and unsustainable, particularly given the need for continuous medical monitoring and professional care.

As no suitable alternative guardian was available, the court appointed the Public Guardian and Trustee as permanent guardian of the person.

The Public Guardian and Trustee applied under s. 55 of the Substitute Decisions Act, 1992 to be appointed permanent guardian of the person of an incapable individual.

The incapable person’s daughter proposed that she instead become guardian and move her mother into her condominium to provide care at home.

The court noted deficiencies in the daughter’s guardianship and management plans and concerns raised by the Community Care Access Centre regarding training and care requirements, including the management of a G‑tube.

The court directed a collaborative process involving the parties and CCAC to attempt to resolve the outstanding care concerns before determining the guardianship application.

The matter was adjourned to permit further consultation and development of an appropriate care plan.