If the person’s bank will co-operate, it may be possible to have the bills paid directly from the person’s bank account by a bank draft which is payable to the creditor. Take the person’s bills to the bank, explain the situation, and ask if the person’s bills can be paid by having the bank issue a bank draft.
If this is not successful, ask the person’s doctor for a letter stating that the person is incapable of managing his or her affairs. Then meet with a lawyer who is familiar with powers of attorney and adult guardianship matters and provide the doctor’s letter. Ask the lawyer to draft a letter to the bank requesting payment of the person’s bills from the person’s funds. In our experience, the bank is more likely to allow payment of the bills if it is clear that the person is incapable, as shown by the doctor’s letter, and that a lawyer has been consulted.
If all of the above are unsuccessful, someone will need to become the Guardian of Property of the person who is incapable. In Ontario, the Public Guardian and Trustee (PGT) can step in and take over a mentally incapable person’s affairs as soon as the PGT is notified. A family member or friend can apply to replace the PGT or can apply directly to the Court to become the Guardian of Property.
Reproduction of this blog is permitted if the author is credited. If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information. Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
