Guardianship Applications
When a loved one becomes incapable and has no Power of Attorney, the Public Guardian and Trustee (PGT) may step in—most commonly as statutory guardian of property. If family wishes to take over decision-making, you can apply to be appointed guardian.
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Guardian of Property
Manages money, real estate, and financial affairs.
If the PGT is the statutory guardian, eligible family can seek to replace the PGT (with a Management Plan). If replacement isn’t available or is contested, apply to court.
Guardian of the Person (Personal Care)
Makes decisions about health care, housing, safety, and personal support.
Court appointment only (there is no “statutory” guardian of personal care).
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Proof of incapacity (e.g., capacity assessment / medical evidence).
Affidavit(s) of suitability explaining why you should be guardian (background, relationship, plan).
Family consents (where available) or an explanation of any objections.
Management Plan (for property): assets, debts, budgets, investment approach.
Guardianship Plan (for personal care): current care, housing, supports, proposed plan.
Any supporting evidence that shows your appointment is in the incapable person’s best interests.
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You must serve the PGT with your materials.
The PGT may object, not oppose, or consent.
If contested, the PGT (and others) can appear and make submissions.
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Courts may require a guardianship bond (often tied to the value of property) to protect the incapable person’s assets.
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Prepare evidence & plans (and, for property, consider PGT replacement route where applicable).
Serve required parties (PGT and any persons entitled to notice).
Court hearing → Order of appointment (and bond, if required).
After appointment: follow your plan, keep detailed accounts, and seek directions if issues arise.
Why Choose Haider Khan Legal?
We handle complete guardianship applications—property and personal care—prepare the Management/Guardianship Plans, liaise with the PGT, and represent you in court. Our office explains the evidentiary and management-plan requirements and prepares the application with careful attention to the person’s needs and best interests.
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