Frequently Asked Questions
Adult Guardianship and Trusteeship
1. Who can apply to be a Guardian and Trustee?
Any relative, friend, or other interested person can apply to be a Guardian or Trustee.
2. What’s the process?
First, a Capacity Assessment must be conducted. The Capacity Assessment must be current, and cannot have been conducted longer than six months previous to the date the Court receives the application.
The next step is to complete the standard forms required for the specific type of application. You can apply to appoint a Guardian, appoint a Guardian and Trustee, review a Guardianship or Trusteeship Order, review and approve Trustee accounts, etc. and there is a different set of forms required for each type of application.
Once the forms are complete and signed, they are submitted to the Office of the Public Guardian. A Review Officer from the Office of the Public Guardian will review the documents, conduct a criminal record, credit, and personal reference check for all new Guardians and Trustees, serve all family members with notice of the application, and arrange to personally meet with the adult. Once the Review Officer completes these steps, they prepare a report on their findings which is provided to the Court with the application. You will also receive a copy of this report.
The Court will then review all the material and make a decision.
3. What does “capacity” mean?
Capacity is the ability to understand information relevant to a decision and to appreciate the reasonably foreseeable consequences of a decision or a failure to make a decision. This is not to say; however, that a person making poor decisions or ignoring the consequences of a decision is mentally incapable. Everyone has the right to make poor decisions, and provided the person is capable of understanding the decision and the consequences, cannot be deemed mentally incapable for making such poor decisions.
4. What is a Capacity Assessment?
An adult is presumed to be capable of making decisions unless the adult has demonstrated otherwise. The first step in obtaining an Order for Guardianship or Trusteeship is to have the adult undergo a Capacity Assessment.
The Capacity Assessment is conducted under standardized procedure and the results indicated on a standard form. The Capacity Assessment Form used for Guardianship and Trusteeship applications is Form 4 (click to download PDF form). The Capacity Assessor will evaluate both cognitive and functional abilities and the adult’s general ability to understand and retain information about decisions and consequences.
5. How do I find a Capacity Assessor to do the Capacity Assessment?
All physicians and psychologists are certified to complete the Capacity Assessment form. There are also many trained and certified Capacity Assessors in Alberta that are not necessarily physicians or psychologists, but who usually work in the medical field or in social work.
Useful Links / Further Information:
Guardianship and Trusteeship Information
List of Capacity Assessors in Alberta
The above is intended for information purposes only and is not intended to provide legal advice. No solicitor-client relationship is established in the absence of a retainer or retainer agreement.
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