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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100929
Experience:  Lawyer
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I am trying to obtain a conservatorship or Guardian of

Customer Question

I am trying to obtain a conservatorship or Guardian of Property status over my 26 year son who is seriously addicted to cocaine. He was treated at Homewood in January but released for failure to take recovery seriously.
JA: OK. The Lawyer will need to help you with this.
Customer: Can you recommend a lawyer in the Kitchener/Waterloo/Cambridge area?
JA: Have you talked to a lawyer yet?
Customer: Trying to find one who specializes in these matters.
JA: Anything else you think the lawyer should know?
Customer: I have consulted with addiction specialiss at Simcoe House, family doctor, employer and psychologist as well as psychiatrist who have recommended a course of action which includes taking control of the money in order to stem the financial outfall. He owns a house jointly with me and is now falling behind on all of the mortgage, insurance and utility bills.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is the psychiatrist stating he is mentally incompetent?

Customer: replied 1 year ago.
That wording is not correct for purposes of applications for Guardian of Property. They state that he is a cocaine addict and unable to make rational decisions.
Customer: replied 1 year ago.
He was apprended by police twice in the last six months for suicide threats.
Expert:  Debra replied 1 year ago.

I am very experienced in this area of the law and regardless of what the psychiatrist tells you to prove that you should become the legal guardian for your son (which is what must be done legally in Ontario) you will have to prove that your son is not mentally competent to make decisions about his finances.

If he is making decisions that are not in his best interests but he is still considered competent to make decisions you cannot succeed in Court.

You will need to have him assessed by a competency assessor who is on the list of assessors certified by the government to do assessments for competency hearings in court.

If he is a danger to himself you can seek to have him involuntarily held at a psychiatric unit for an assessment but I assume you know this already.

But the court will not take away someone's rights simply for making irrational decisions about their finances. Just as a gambling addict can gamble away their money so can your son spend it all unless you can have him assessed as being incompetent.

Then the court would declare him to be incompetent and appoint you or someone else close to him to be his legal guardian.

So you will have to prove that your son cannot understand the relevant information or appreciate what may happen as a result of decisions he makes or in fact does not make about his finances. It cannot be that he loses his rights because he spends all his money on drugs.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)