What are “letters” of guardianship?
The Supreme Court issues Letters of Guardianship when it appoints a person to make decisions for those who, for a variety of reasons, need help to make decisions about their personal or financial affairs. They may be under the age of majority (19 years old in this province) or suffer from head injuries, mental illness or disability, stroke, a degenerative disease, such as Alzheimer’s, or simply ahve diminished capacity because of advanced age. The guardianship of minors is dealt with under Rule 56.24 of the Rules of the Supreme Court, 1986. The guardianship of adults is dealt with under the Mentally Disabled Persons’ Estates Act.
The court document that actually conveys authority to a guardian is called “Letters of Guardianship” (sometimes it is combined with an Acceptance signed by the guardian and the title may be “Letters and Acceptance” or similar language). The Letters are signed by the Clerk of the Court rather than the judge, but the Clerk will only issue Letters if the judge has entered an order.
