Power of Attorney & Guardianship Disputes
What we do
In power of attorney and guardianship disputes, Swadron Associates lawyers represent guardians, attorneys and supportive family members as well as persons alleged to be incapable.
Whether one is an attorney for property or personal care or a family member seeking to protect a vulnerable adult, our experience and subject matter authority can help shape the best possible outcome. No two families and no two situations are exactly alike. We offer a personalized approach and a full range of negotiation and litigation options in the Superior Court of Justice and before the Consent and Capacity Board.
Our elder law and vulnerable adult representation practice focuses on resolving disputes in a manner that enhances personal autonomy and participation in decision-making. We take the same approach to our role as section 3 counsel arranged by the Public Guardian and Trustee to represent allegedly incapable adults in proceedings under the Substitute Decisions Act, 1992.
We offer representation, consultations and mediation services in the following areas:
Conflicts between joint attorneys for property or personal care
Applications to court for directions by guardians and attorneys
Disputes respecting the validity of powers of attorney
Applications to remove attorneys for property or personal care
Applications to replace the Public Guardian and Trustee as a statutory guardian of property
Applications for guardianship of property and the person under the Substitute Decisions Act, 1992
S. 3 counsel appointments under the Substitute Decisions Act, 1992
Applications to terminate a guardianship of property
Applications to compel guardians and attorneys for property to apply to court to pass their accounts
Representation of attorneys and guardians of property in contested accounting proceedings
Representative Cases
The Public Guardian and Trustee v. Beals et al., 2025 ONSC 846 (CanLII)
P.P. v. Ashley Oliver and The Public Guardian and Trustee, 2023 ONSC 5701
Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII)
MW (Re), 2018 CanLII 119685 (ON CCB)
Furfari et al. v. Furfari et al., 2015 ONSC 1157 (CanLII)
Cuthbertson v. Rasouli, [2013] 3 S.C.R. 341
S.L. (Re), 2012 CanLII 35952 (ON C.C.B.)
Dryden v. Dryden, 2011 ONSC 7060 (CanLII)
DeMichino v. DeMichino, 2011 CarswellOnt 742
Belzowski v. Fruitman, 2010 ONSC 4634 (CanLII)
Bon Hillier v. Milojevic, 2010 ONSC 4514 (CanLII)
Brillinger v. Brillinger-Cain, 2007 CanLII 23331 (ON SC)
Bailey v. Bailey, [2007] O.J. No. 1842 (S.C.J.)
Neill v. Pellolio, 2001 CanLII 6452 (ON CA)