The Adult Trusteeship Process in Alberta
In Alberta, adult trusteeship refers to a legal arrangement where an appointed trustee manages the financial decisions for an adult who cannot make those decisions due to cognitive impairment.
The Adult Guardianship and Trusteeship Act (AGTA) outlines the process and requirements for appointing a trustee. In this blog, we review the key steps in obtaining adult trusteeship in Alberta, as well as the legal alternatives to trusteeship.
1. Assess the Need for Trusteeship
Before applying for trusteeship, the adult must be truly incapable of making decisions. To legally confirm the lack of capacity, a qualified professional, such as a doctor or psychologist, must conduct a capacity assessment and complete a Form 4: Capacity Assessment Report to evaluate the adult’s ability to understand decisions and their consequences. The report provides the Alberta Court of King’s Bench the evidence they require to determine if trusteeship is appropriate.
2. Consult a Lawyer
Once the need for trusteeship is established, consult a lawyer experienced in adult guardianship and trusteeship. Your lawyer will ensure all required documents for the application are provided to the Office of the Public Guardian and Trustee and the Court of King’s Bench, as well as provide advice on whether the application should proceed by way of desk application or in-person hearing.
Applications for trusteeship must be submitted within six months of the date the capacity assessment report was completed.
3. Court Review or Hearing
Applications for trusteeship may be made by way of desk application, where a judge reviews your application without requiring you to appear in court, or in specific circumstances, at an in-person hearing.
The adult and interested parties generally have the right to receive a copy of the application and attend the hearing. The Court may appoint counsel to represent the adult’s interests.
4. Appointing a Trustee
Once appointed by the Court, the trustee is responsible for managing the adult’s affairs, subject to the specific conditions of the court order.
A copy of the court order will be sent to the trustee, the adult, and other interested parties.
Trustees must make informed decisions based on the adult’s needs and wishes, and must maintain detailed financial records. Trustees may be required to submit periodic reports to the court that outline their actions in managing the adult’s finances.
5. Ending Trusteeship
Trusteeship is not always permanent. The Court of King’s Bench may periodically review whether the adult still requires a trustee and whether the trustee is still suitable.
6. Alternatives to Trusteeship in Alberta
Enduring Power of Attorney: If an adult still has mental capacity, they should enact an Enduring Power of Attorney. This document allows the adult to designate someone to make decisions on their behalf in the event they lose mental capacity. No court application for trusteeship is required if the adult has a valid Enduring Power of Attorney.
Supported Decision Making: This alternative allows a trusted person to help the adult make decisions even though the adult is able to make their own decisions.
Co-Decision Making: This alternative can be used when an adult does not have the capacity to make decisions on their own, but could with the guidance of another person.
Contact Us Today
If you are considering trusteeship for an adult in Alberta, consult with a lawyer to navigate the process effectively and explore all options for your loved one’s care. Pure Legal offers flat fee pricing for adult guardianship and trusteeship applications.