If you’ve recently received a letter from Service Canada that begins with:
“Thank you for applying on behalf of [Name] for the Canada Disability Benefit. We can’t confirm you as their legal representative because of missing or inaccurate information in the application,”
— you’re not alone. We’ve heard from several families in Ontario who have received this exact notice and are unsure what it means or what to do next.
Why you received this letter
The Canada Disability Benefit (CDB) was created under the Canada Disability Benefit Act, SC 2023, c 17, to provide modest income support to working-age Canadians with disabilities. However, when someone other than the person with a disability applies for the benefit, Service Canada must verify that the applicant has legal authority to act on the person’s behalf.
If that proof is missing, incomplete, or does not meet legal standards, the government cannot process the application — and that’s why these letters are being sent.
What the Service Canada letter asks for
The letter states:
“Please provide the following:
• A copy of your proof of legal authority to act on behalf of the client. For example:
– The court order that appoints a person, agency or institution as a trustee, committee or guardian
– A certificate of guardianship
– A Power of Attorney or mandate document that meets the legal requirements under the provincial or territorial Act in which it is executed
– A dated letter or notice from the public trustee or public curator that contains the required information
– A confirmation of the tutorship.”
In other words, Service Canada is asking for evidence that you are either the person’s legal guardian of property or hold a valid Power of Attorney for Property (POA).
Why this matters in Ontario
Under Ontario law, you typically cannot manage another person’s finances or apply for financial benefits on their behalf without formal legal authority. This authority comes from either:
- a Continuing Power of Attorney for Property (CPOA) signed while the person had mental capacity; or
- a guardianship of property under the Substitute Decisions Act, 1992.
If neither exists, Service Canada will likely not accept you as the “legal representative” for the Canada Disability Benefit.
The practical problem
The Canada Disability Benefit provides only a modest payment of about $2,400 per year, as set out in the regulations under the Act. Unfortunately, applying to court for guardianship of property costs far more than that.
That means for many families, going to court just to qualify for this one federal benefit may not make financial sense.
Your options
Before starting a court process, consider these steps:
- If the individual is capable of making a Power of Attorney for Property, this is the easiest and most affordable option. However, in such cases the individual is likely also capable of applying for the Canada Disability Benefit and therefore they may not need a legal representative at all.
- Check for an existing Power of Attorney for Property. If one exists, provide a copy (front and back if required) with your ID to Service Canada.
- If no POA exists and the person is incapable of making one, guardianship may be necessary.
How we can help
At Lisa Feldstein Law Office Professional Corporation, we regularly advise families on guardianship and Powers of Attorney under Ontario law. We help determine whether guardianship is truly necessary. We can also help you explore whether your loved one is capable of making a Power of Attorney for Property.
For most families who contact us about the Canada Disability Benefit, we help them pursue the non-court route to guardianship whenever possible. After meeting with us, clients often want a written summary of our discussion to guide them step-by-step through the process.
For those who wish to handle the process completely independently, our educational platform Kinkeeper™ offers an online course that explains how to become a guardian of property in Ontario — for only $300 plus tax. It includes practical, plain-language guidance on preparing your materials and understanding your duties once appointed. It also includes all of the required forms.
Key take-aways
- The Canada Disability Benefit Act, SC 2023, c 17 requires legal authority to apply on someone’s behalf.
- Service Canada will not process applications that lack a valid Power of Attorney for Property or Guardianship of Property .
- The benefit is currently about $2,400 per year, so guardianship via court may not be cost-effective.
- There is an alternative way to become guardian of property that does not involve going to court.
- Families can schedule a 1 hour advice meeting with us (and optional summary) to understand how to become guardian of property without going to court.
- Families can learn how to pursue guardianship affordably through our Kinkeeper™ online course at www.kinkeeper.ca.
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