09/02/2026
This is a long post, but one we hope you can all relate to and will weigh in on...
SDM? POA? GUARDIANSHIP? WHAT'S THE DIFFERENCE?
These terms get used interchangeably all the time.
But in Ontario, they don't mean the same thing.
And for families supporting an adult with a developmental disability, understanding the difference can be incredibly important.
FIRST: WHAT IS A SUBSTITUTE DECISION-MAKER (SDM)?
"Substitute Decision-Maker" is not necessarily a title someone applies for.
It is a broad term for someone who has legal authority to make a particular decision for another person who has been found incapable of making that particular decision.
For health-care treatment decisions, Ontario law establishes a hierarchy of people who may act as the SDM.
That hierarchy begins with:
• Guardian of the person, if authorized to make the decision
• Attorney for personal care, if authorized
• A representative appointed by the Consent and Capacity Board
• Spouse or partner
• Parent or child
• Parent with right of access only
• Brother or sister
• Other relative
• And ultimately, in certain circumstances, the Public Guardian and Trustee
So simply being someone's parent does NOT necessarily mean you automatically have authority over every decision once your child becomes an adult.
POWER OF ATTORNEY
There are two primary types:
Power of Attorney for Personal Care
This can give another person authority to make certain personal-care decisions if the individual becomes incapable of making them.
These can include decisions involving health care, housing/shelter, nutrition, clothing, hygiene and safety.
Continuing Power of Attorney for Property
This deals with financial matters such as money, banking, bills, property and other financial affairs.
But there is something very important families need to understand:
A person must have the required legal capacity to GIVE someone Power of Attorney.
A parent cannot simply obtain POA for an adult child who does not have the capacity required to grant it.
That is one reason POA may not be an option for some adults with profound intellectual disabilities.
GUARDIANSHIP
Guardianship is different.
A private guardian is appointed through a legal process rather than simply being chosen through a Power of Attorney.
There are two main areas:
Guardian of Property
A guardian of property may have authority over financial matters such as income, benefits, bank accounts, bills and property.
Guardian of the Person
A guardian of the person is appointed by the court and may be authorized to make decisions involving health care, nutrition, shelter, clothing, hygiene and safety.
Guardianship does NOT necessarily have to be all-or-nothing. A court can limit the guardian's authority to particular areas in which substitute decision-making is required.
WHAT ABOUT CAPACITY ASSESSMENTS?
Ontario law generally presumes adults are capable unless there are reasonable grounds to believe otherwise.
Capacity is also decision-specific.
A person may be capable of making one kind of decision and incapable of making another.
And capacity can change.
Formal Capacity Assessors are specially trained professionals designated under Ontario's Substitute Decisions Act.
Depending upon the legal process involved, a capacity assessment may be required or may form part of the evidence used to establish incapacity.
These assessments are not necessarily free. Assessors generally establish their own fees, and costs can depend upon the complexity of the assessment, time involved, travel and other factors. Financial assistance may be available in some circumstances.
AND THEN THERE IS THE COST OF GUARDIANSHIP ITSELF.
For families seeking guardianship of the person through the courts, the process can involve lawyers, assessments, court documents and potentially substantial legal costs.
For some families, that cost can be prohibitive.
Think about the reality facing many families in developmental services.
A single mother may have spent decades providing unpaid care to a child with profound disabilities — perhaps sacrificing employment, career advancement, retirement savings and financial security along the way.
Then her child turns 18 and suddenly she may discover that being Mom, knowing that person better than anyone else on earth, does not automatically give her legal authority to make decisions on their behalf.
Obtaining that authority through the courts may cost money she simply doesn't have.
That deserves discussion.
BUT THERE IS ANOTHER SIDE TO THIS CONVERSATION.
Many disability-rights advocates have serious concerns about guardianship, particularly guardianship of the person.
And there is an important reason for that.
Guardianship transfers legal decision-making authority over particular matters from an individual to another person.
Historically, people with disabilities have too often had choices, freedoms and autonomy taken away from them simply because they had a disability.
That history matters.
This is why disability-rights advocates have pushed strongly for supported decision-making and the least restrictive alternatives wherever possible.
Instead of immediately asking:
"Who should make this decision FOR this person?"
we should first ask:
"What support does this person need to participate as fully as possible in making their OWN decision?"
FAIR strongly believes that people with developmental disabilities should be included in decisions affecting their lives to the greatest extent possible.
But we also believe this conversation requires nuance.
People with developmental disabilities are not one homogeneous group.
Some people can make virtually all of their own decisions with appropriate information and support.
Others may need assistance understanding certain complicated decisions.
And some people with profound intellectual disabilities may be unable to understand or appreciate the consequences of some major life decisions even with extensive support.
For a person who is also non-verbal or communicates in highly individualized ways, another difficult question arises:
Who gets to interpret their wishes, behaviours, preferences and best interests when they cannot communicate them clearly themselves?
Family?
A support worker?
Agency management?
A physician?
Government?
The Public Guardian and Trustee?
Who knows that individual well enough to recognize their unique ways of communicating — to understand the difference between yes, no, fear, discomfort, excitement, pain, or simply having a bad day?
And perhaps most importantly:
What happens when the people interpreting those wishes disagree?
This is where safeguards become incredibly important.
Because supported decision-making should never inadvertently become someone else making the decision and simply attributing that decision to the person with the disability.
Nor should guardianship mean ignoring the individual's preferences simply because somebody else has legal authority.
Neither extreme respects the person.
The goal should always be to preserve as much autonomy as possible while ensuring that people who genuinely cannot make particular decisions are protected from harm, coercion, neglect and decisions made by people who may not know them well.
THERE IS NO ONE-SIZE-FITS-ALL ANSWER.
Presume capacity.
Support decision-making wherever possible.
Listen to the individual — in whatever way that individual communicates.
Respect their wishes, preferences, relationships and autonomy.
Use the least restrictive approach appropriate to that person.
But also recognize the reality of profound intellectual disability and ensure that people who cannot protect their own interests have someone legally empowered — and accountable — to do so.
WE WOULD REALLY LIKE TO HEAR FROM YOU ON THIS ONE.
Families.
Self-advocates.
Siblings.
Guardians.
Support workers.
Disability-rights advocates.
What has your experience been?
Does Ontario strike the right balance between autonomy and protection?
Is guardianship too restrictive?
Are supported decision-making approaches sufficient for people with profound intellectual disabilities?
Who should interpret the wishes of someone who cannot clearly communicate those wishes themselves — particularly when family and service providers disagree?
And should obtaining appropriate legal decision-making authority be financially out of reach for families who have already spent a lifetime providing unpaid care?
There are deeply held views on all sides of this issue.
Let's talk about them respectfully.
Because ultimately this isn't about giving families more power.
And it isn't about giving agencies more power.
It's about ensuring the person with the disability has the protection, autonomy, voice and support that is right for THEM.