A litigation guardian is someone permitted to make legal decisions for:
- a minor (under 18)
- someone who is mentally incapable of making informed decisions
- someone who has disappeared and it is not known if they are alive or dead
Lawyers present legal options and recommendations to their clients and their clients chose how to proceed. Those who are under the age of 18 or have a mental incapacity may struggle to make well-informed decisions. Under Canadian law, minors and people with mental incapacity are not allowed to initiate a lawsuit or make other legal decisions and therefore require a litigation guardian. A litigation guardian is expected to make legal decisions that serve the best interests of the individual they are advocating for.
A litigation guardian is usually, the person’s legal guardian or power of attorney. It can be a parent, family member, or spouse. If someone does not have a litigation guardian you can apply to represent them. If you are not someone’s litigation guardian you can apply through the Human Rights Tribunal of Ontario. You only need to apply to be a litigation guardian if you are not already the person’s legal guardian or power of attorney.
To apply to be the litigation guardian of a minor you will need to fill out this form.
To apply to be the litigation guardian of someone who is mentally incapable you will need to fill out this form.
If you want to act as a litigation guardian for someone, contact our personal injury lawyers at Equilibrium law for a free initial consultation. We can answer your questions and provide legal advice for pursuing the legal claim.