If you’ve watched ‘I Care a Lot’ on Netflix, you know it’s a dark, fast-paced comedy thriller where a court-appointed guardian exploits vulnerable seniors for personal gain. As lawyers working in estates and capacity law, it’s equal parts fascinating and infuriating. While the movie makes for a great watch, it’s also a great reminder: this could not and would not happen like that here in Ontario.
So, let’s talk about why.
In I Care a Lot, Rosamund Pike plays a professional guardian who identifies wealthy elderly individuals with no immediate family, has them declared mentally incompetent, and is swiftly appointed their guardian by the court. Once she’s in charge, she isolates them from loved ones and liquidates their assets (legally).
It’s disturbing. It’s suspenseful. But in Ontario? It’s fantasy.
In Ontario, appointing a guardian of property or personal care is a serious, court-supervised process under the Substitute Decisions Act, 1992. You don’t just walk into a courtroom, make vague claims about someone’s incapacity, and walk out with control over their life and bank account. The courts approach such appointments with a strong emphasis on protecting the autonomy and rights of the individual, making guardianship a measure of last resort. Few of statutory protections and Judicial considerations are as follows:
Statutory Protections
- Section 55 (2): – The court will not appoint a guardian if the individual’s needs can be met by a less restrictive alternative that does not require a finding of incapacity. This ensures guardianship is only imposed when necessary and no less intrusive options are available.
- Section 24 (5): When considering an appointment, the court must examine whether the proposed guardian is an attorney under a continuing power of attorney, the current wishes of the person (if ascertainable), and the closeness of the relationship between the proposed guardian and the incapable person
Judicial Considerations:
- Courts are required to consider the best interests of the person lacking capacity as the overriding factor
- In Loyer et al v. Loyer et al, the Ontario Superior Court of Justice reiterated that all circumstances must be considered, including the suitability of the proposed guardian, their relationship to the person, their ability to manage property or personal care, and the merits of the proposed guardianship plan
- The court must assess these factors at the time of the application and not speculate about future suitability of substitute guardians. Ongoing court oversight is essential to protect the vulnerable adult.
- Courts also recognize the importance of promoting and protecting the rights and autonomy of persons with disabilities and are cautioned not to diminish scrutiny in the appointment process
Could a Rosamund Pike Character Get Appointed Here?
In short: no. In summary, Ontario courts exercise significant caution before appointing a guardian for an adult, requiring clear evidence of incapacity and a demonstration that no less restrictive, suitable alternatives exist. The best interests, autonomy, and rights of the individual are central to the court’s decision, with careful scrutiny of the proposed guardian’s suitability and ongoing oversight
I Care a Lot is clearly designed for dramatic effect, and it succeeds. But for viewers in Ontario, it’s important to separate fact from fiction. If anything, the film offers a cautionary tale: it’s never too early to have conversations about powers of attorney, capacity planning, and who you trust to act for you.
So, enjoy the movie. Laugh, cringe, and maybe even get a little angry. But rest assured: in Ontario, you’re not one court hearing away from losing control of your life and assets. The system here is designed to protect not prey on the vulnerable.
Thank you for reading!
Sumit Malhotra