Request to be a Litigation Guardian – Mental Incapacity in Ontario

A litigation guardian, also known as a guardian ad litem in some jurisdictions, is a person appointed to represent the interests of a party in legal proceedings who is incapable of doing so themselves due to some disability. This disability could be because the party is a minor (under the age of majority), is deemed mentally incompetent, or is otherwise unable to make decisions regarding their legal rights and obligations.

The role of the litigation guardian includes making decisions about the litigation on behalf of the represented person, such as instructing the lawyer, making decisions regarding the acceptance of settlements, and ensuring that the legal action is in the best interest of the person they represent. The appointment of a litigation guardian is typically subject to court approval, and the court may require the litigation guardian to provide reports or updates on the litigation’s progress.

The request to be a litigation guardian Ontario is for individuals seeking to act as a litigation guardian on behalf of someone who lacks the mental capacity to manage their legal affairs. It outlines the process and requirements set by Tribunals Ontario, including declarations and personal information of the proposed litigation guardian and the person they represent. The form also covers the collection of personal information and its potential public availability following tribunal proceedings.

To successfully fill out the “Request to be a Litigation Guardian: Mental Incapacity in Ontario” form, follow these steps:

1. Read the Introduction and Instructions: Begin by carefully reading the form’s introductory section and any provided instructions. This will give you a clear understanding of the purpose of the form and the process involved.
2. Complete Personal Information Sections: Fill in the personal information for both the person you are representing (including their first and last names) and your own information as the proposed litigation guardian. This includes names, contact information (address, email, phone numbers), and any specific identifiers such as suite or unit numbers.
3. Litigation Guardian’s Declaration: Carefully read through the declarations section. This part requires you to affirm various statements regarding your eligibility, relationship, and capacity to act as a litigation guardian. Check the appropriate boxes and provide detailed responses where required.
   • Confirm Your Request: Declare your intention to act as a litigation guardian for the individual lacking mental capacity.
   • Age and Understanding: Affirm that you are at least 18 years old and understand the nature of the proceeding.
   • Relationship and Authority: Describe your relationship to the person and clarify your legal authority to act in this capacity. Attach any necessary documents if you are already a court-appointed guardian or have substitute decision-making authority.
   • Exclusivity and Belief in Incapacity: Declare that no other person has the authority to act as a litigation guardian in this proceeding and express your belief in the person’s incapacity to make decisions regarding the application.
4. Explain the Basis of Incapacity: Provide a detailed explanation of why you believe the person is incapable of making decisions about the application. Include the nature and extent of the disability causing the mental incapacity. Attach additional pages if necessary to fully explain the basis of the person’s incapacity and provide evidence in support.
5. Conflict of Interest Declaration: Declare that you have no interest that would conflict with the best interests of the person you represent.
6. Commitment to the Represented Person’s Interests: Affirm your commitment to diligently attend to the interests of the person represented. This includes informing and consulting with them to the extent possible, considering the impact of the proceeding on them, deciding on retaining a representative, and assisting in gathering evidence to support the case.
7. Signature: Sign and date the form. If you are filing electronically, check the appropriate box that represents your signature and ensure you fill out the date correctly.
8. Collecting Personal Information Section: Acknowledge the collection of personal information as described in the form and understand its potential public availability.