Help Me, GIU. You’re My Only Hope! Understanding the Guardianship Investigations Unit

Canada is experiencing an increasing aging demographic, with approximately one-fifth of the total Canadian population being comprised of those who are 65 years or older as of 2025. From that aging population, it has been estimated by some economists that over $1 trillion in intergenerational wealth will be transferred in 2026.

There are profound implications for our loved ones as a result of these demographic changes, particularly if they have diminished mental capacity to manage their own affairs. We will likely find ourselves placed in situations where some form of substitute decision making authority is necessary to safeguard their well-being and financial affairs. If the person has not made valid powers of attorney, then a guardianship may be necessary.

This article is intended to provide guidance for laypersons, as well as for legal practitioners, in understanding the investigatory function of the Office of the Public Guardian and Trustee’s (“PGT’s”) Guardianship Investigations Unit (the “GIU”) and in what circumstances the GIU may be able to offer assistance.

The Role of the GIU

The PGT derives its mandate from the Substitute Decisions Act, 1992 S.O. 1992, c. 30 (the “SDA”) and, under sections 27(2) and 62(2), the PGT has a positive obligation to investigate allegations pertaining to a person who is “mentally incapable” of their own personal care and property and is “at risk of suffering serious adverse effects.” This investigative role is assumed by the GIU, a specialized branch of the PGT.

When the GIU first receives communication of an allegation, it does not act as a lawyer for the alleged incapable person, nor does it provide an emergency service like a police service. A GIU investigator obtains information from the person making the allegation through interviews and documents. As part of this information-gathering process, while the investigator is empowered under the SDA to obtain records and speak directly with the alleged incapable person, the investigator has no legal authority to step in and replace an existing attorney or guardian where there is a personal dispute or to prevent the alleged incapable person from engaging in certain behaviours.

Each investigation turns on its own facts and it may be the case that an investigator closes the investigation after determining that a guardianship is unnecessary because a less intrusive alternative is available, such as executing a power of attorney or existing family support is already available. Only as a last resort will the PGT commence an application seeking to be appointed as the alleged incapable person’s guardian should the investigation determine that a guardianship is necessary.

Beneficiary How Investigations Are Commenced

An investigation may be commenced regarding a person’s property or personal care issues. In the context of management of property, a person is considered incapable of managing their own property under section 6 of the SDA where they are “not able to understand information that is relevant to making a decision in the management of his or her own property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision”.

“Serious adverse effects” is defined under section 27(1) of the SDA as “loss of a significant part of a person’s property or a person’s failure to provide necessities of life for himself or herself or for dependants, are serious adverse effects…”

Similarly, a person is considered incapable of making decisions about their personal care under section 45 of the SDA where they are “not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing hygiene or safety, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.” Section 62(1) defines “serious adverse effects” in the personal care context as “serious illness or injury, or deprivation of liberty or personal security…”

The PGT has recognised a number of indicia of serious adverse effects under sections 27(1) and 62(1), which include isolation, theft, loss or mismanagement of significant assets or income, self-neglect of finances impacting the necessities of life, and unusual or excessive spending.

Recommendations by the GIU

The investigator may make any number of recommendations, including recommending that the PGT commence a guardianship application or close the investigation because they have determined that the criteria under sections 27(2) and 62(2) are not met.

However, as may often be the case, where the investigator determines that a guardianship is not appropriate, the investigator may still provide useful suggestions to mitigate any harm and suggest other public and private services to assist the alleged incapable person.