Terminating a Guardianship

May 13, 2016 Stuart Clark Guardianship Tags: , , , , , , 0 Comments

Many people will remember the issues which played out very publicly for Britney Spears in 2007. Nine years have passed since these incidents, and, to the outside world, it appears that Britney has turned things around, recently extending her residence in Las Vegas for an additional two years and $35 million. While Britney may have put the worst of these issues behind her, one legal consequence of such a time still has a daily impact upon her life.

In the midst of Britney’s issues playing out in the tabloids, Britney’s father, Jamie Spears, applied for court-appointed conservatorship over Britney’s affairs. Such a conservatorship was ultimately granted, giving Britney’s father complete control over Britney’s financial decision making. As reported in the National Post this week, even though nine years have passed since the initial court Order, such a conservatorship is still in effect. As a result, every aspect of Britney’s financial affairs are governed through her conservatorship, with as mundane of purchases as coffees from Starbucks, and songs from iTunes, being tracked by the court.

photo-1447584402565-2a5b35a7ea8a (1)In Ontario, the closest equivalent we have to court-appointed conservatorship is court-appointed guardianship, which is governed by Part I of the Substitute Decisions Act. Such an Application may be brought on behalf of a person who “is incapable of managing property”, allowing for an alternate individual to be appointed as their guardian of property, administering their assets in accordance with a court approved “management plan”. As granting guardianship has a major impact upon an individual’s life, removing much of their autonomy, the court only does so when absolutely necessary. Indeed, in accordance with section 22(3) of the Substitute Decisions Act, the court shall not appoint a guardian if it is satisfied that there is an alternative course of action that does not require the court to find the person to be incapable of managing their property, and is less restrictive of the person’s decision-making rights.

In light of Britney’s apparent recovery, a natural question which would follow is whether the conservatorship is still necessary. In Ontario, if it is believed that a guardianship is no longer necessary, a Motion may be brought under section 28 of the Substitute Decisions Act to terminate the guardianship. If the court agrees, and the guardianship is terminated, the individual on whose behalf the guardian was appointed would regain control over their financial affairs and decision making.

Stuart Clark

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