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Security and Bonds for Property Guardians

It is very important to note that an individual applying to the court to become a property guardian, temporary property guardian or property co-decision-maker must be willing and able to reassure the judge, and the Public Guardian and Trustee (PGT), that if he or she becomes responsible for a financial loss in relation to the adult's finances, that it can be recouped. Consequently, a potential property guardian, temporary property guardian or property co-decision-maker must include in his or her court application a "bond" for an amount equal to, or greater than, the value of the adult's property. Generally, the PGT will request a commercial bond for 20% of the dependent adult's assets and a personal bond (Form "M") for the balance of the dependent adult's assets. In some cases, he or she must also find a "surety" – a person or company willing to back him or her up financially. The applicant and his or her surety should have net assets equal to the amount of the bond.

In some situations, it may be possible to protect the dependent adult's assets in other ways. For example, real property (i.e. land or a house) may be protected by including a section in the court order that real property may only be sold upon a further order of the court or the consent of the PGT.

If the applicant is the dependent adult's spouse, they are in a long-term relationship with the dependent adult, and all the children of the dependent adult consent, no bond will be required.

As each situation is different, it is recommended that the person applying to become property guardian, temporary property guardian or property co-decision-maker call the Office of the Public Guardian and Trustee for more information.

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