Guardianship

About the Role

Topmarke Attorneys provides comprehensive legal support throughout the entire adoption or guardianship process. We assist clients in finding the right agency, particularly for non-traditional families who may face restrictions with religious-affiliated agencies that only place with heterosexual married couples. We also guide independent adoptions and interfamily adoptions, such as adopting a niece if something were to happen to her parents.

Key Legal Context

• In Ontario, a "guardian" refers either to a "guardian of the person" (custody) or a "guardian of property" (handling the child's assets).
• A minor is defined as a child under age 18.
• A parent is the default guardian of the person of their minor child in Ontario, but is NOT the default guardian of property for that child's assets.
• Authority over a child's property can be obtained by statute, court order, or other documents such as a will.

Types of Funds Owed to Minors

Money may be owed to a child under:

• A court order for damages
• An estate (with or without a will)
• A life insurance policy where the child is named beneficiary
• An RRSP or other pension plan
• Some other death or accident benefit

Court Payment Requirement

If an adult does not have legal authority to receive monies on behalf of a minor, those funds must be paid into court by sending them to the Accountant of the Superior Court of Justice.