Duties of a Guardian or Co-Decision-Maker

Being a guardian or co-decision-maker is an important task. It is a task that comes with many responsibilities. A guardian or co-decision-maker must act:

• diligently
• in good faith
• in the best interests of the adult
• in the case of a property guardian or co-decision-maker, in the best interests of the adult's estate (i.e. all their real and personal property)
• in a way that protects the adult's civil and human rights
• in a way that encourages the adult to participate in financial decision-making and act independently, to the greatest extent possible
• in a way that limits their interference in the adult's life as much as possible

Once a property guardian or co-decision-maker is appointed, they must do an inventory of all of the adult’s property. This includes assets, income, profits, debts and credits. This inventory must be filed with the court and the Public Guardian and Trustee within 3 months. If property is discovered later, an updated inventory must be filed.

An annual accounting must be given to the court and Public Guardian and Trustee every year after the first inventory. The guardian or co-decision-maker must also provide a final accounting within 6 months from the end of their duties. This could be when the adult dies or when the guardian or co-decision-maker is discharged from their duties for another reason.

A property guardian or co-decision-maker cannot:

• make gifts totalling more than $1,000 to other people on behalf of the adult during the one-year accounting period
• make a gift to themselves without court approval

The Public Guardian and Trustee can review any inventory or accounting to ensure that it is correct. The adult or some other interested person, such as a close relative, can ask for a review if they have concerns. If necessary, the court can appoint a new property guardian or co-decision-maker.

According to the Public Guardian and Trustee, the following are examples of things that may be a cause of concern in an accounting:

• a significant drop in net worth
• the transfer of property into joint names with the property guardian or co-decision-maker
• unusual expenses

There are certain things that a personal guardian or co-decision-maker does not have authority to make decisions about, including:

• withdrawal of life support systems
• organ or tissue donations
• sterilization procedures
• an abortion unless the continued pregnancy would likely cause imminent danger to the adult’s health
• commencing divorce proceedings
• choices based on religious beliefs and freedoms

The court can, however, make decisions on any of these matters.