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What is the Register?

The Public Guardian and Trustee is required by law to keep a Register of all guardians of property and guardians of the person. This law is Ontario Regulation 99/96 made under the Substitute Decisions Act, 1992.

If you have been appointed as a statutory guardian of property by the Public Guardian and Trustee, you have been added to the Register.

If you are applying to the court to be appointed as a guardian of property or a guardian of the person, you will be added to the Register when the court appoints you and your lawyer sends a copy of the court's order appointing you to the Public Guardian and Trustee.

What Information is Kept in the Register?

The Public Guardian and Trustee is required by law to keep the following information in the Register for each guardian:

• The name and address of the incapable person
• The name, address, and telephone number of the guardian of property and/or personal care
• How the guardian acquired his/her authority (i.e. by court order or statutory guardianship)
• Any restrictions on the guardian's authority
• If the guardianship is for personal care, whether it is full or partial guardianship, and, if partial, the areas of personal care decision making for which the guardian has authority
• The date the guardian's authority took effect, changed, or terminated.

Who Can Ask For Information From The Register?

The purpose of the Register is to provide a source of accurate information to persons or organizations who may deal with an incapable person or his/her guardian. For example, a financial institution may wish to contact the Public Guardian and Trustee in order to confirm that a person has a guardian.

The Public Guardian and Trustee is required by law to provide any or all of the above information to any person who requests it, so long as the requester identifies the incapable person by name.

For example, if a person asked the Public Guardian and Trustee if Jane Smith was registered and had a guardian, the Public Guardian and Trustee would have to answer the request. However, if a person asked for a list of all the names in the Register, or asked if Martin Jones was a guardian for anyone listed in the Register, the Public Guardian and Trustee would not answer the request.

What Are a Guardian's Responsibilities?

A guardian must promptly notify the Public Guardian and Trustee of any changes in the information in the Register. These include any change in the guardianship or any change in your name, address or telephone number, as well as any change of name or address of the incapable person. If you need to notify the Public Guardian and Trustee of any changes that should be made in the Register, call or write:

Ces renseignements sont aussi disponibles en francais. Vous pouvez obtenir ces renseignements en communiquant avec notre bureau durant les heures de travail au 1-800-366-0335. Choisissez le 3 au menu pour obtenir les informations concernant les ordonnances de tutelle privée et le register d 'ordonnances.

© Office of the Public Guardian and Trustee 2001