Protect Your Elderly Parents: Become Your Parents' Guardian or Trustee.

Christine Hughes is a policy analyst at the Ontario Native Affairs
Secretariat.

Part of the Self-Counsel Press legal series, this book is packed with useful information for anyone facing challenges with their parents’ physical and mental health and well-being or financial capabilities. It is primarily intended to deal with the all too common situation where aging parents have not put a valid power of attorney or Health Care Directive into place and they are no longer able to care for themselves. Some initial information is offered on the differences between a guardian and trustee, alternatives to applying for court-ordered guardianship and trusteeship, and the role of the Public Guardian and Public Trustee. The book then delves into specific topics on each subject. For example, the chapters on guardianship consider who is eligible to be a guardian, appointing joint guardians, the powers given to guardians by law, how to know what powers you should request, and how a court-ordered guardianship is ended. Issues discussed relating to trusteeship include basic information you need to know, restrictions on trustees’ actions, when and how to file the initial inventory, and how trusteeship is ended.

There is also practical information on how to file documents at the courthouse, what to do after the order is granted, what things the court looks at, what the passing of accounts for trustees shows the courts, and what happens when the dependent adult dies.

As this book makes clear, becoming your parents’ guardian and/or trustee carries a big responsibility, and this book helps guide you through the myriad of complexities you will face. The 17 chapters are written in easy-to-understand language and provide a basic orientation to the responsibilities of each role. While this book will answer most questions, it may not replace the need to consult with a lawyer about your particular situation.

Accompanying the book is a CD-ROM, intended for use on a Windows-based PC, that contains the standard forms for all jurisdictions, as well as those specific to each province or territory, which you will need to make your application to be appointed as guardian or trustee. Checklists help you determine which forms you will need. The information contained in the book is legal in all provinces except Quebec.

The author is a lawyer who has worked in estate planning and law for over 20 years and frequently speaks on will and estate matters. She is also a Learning Group facilitator for the wills and estates module of the bar admission course in Alberta, where she resides.