Adult Guardianship and Trusteeship Lawyer in Edmonton

When an adult can no longer make their own decisions, someone has to be given legal authority to make those decisions for them. In Alberta that authority comes from the Adult Guardianship and Trusteeship Act.

Guardianship covers personal decisions — health care, where the adult lives, who they spend time with, education, employment. Trusteeship covers financial decisions — money, property, bills, benefits. They are two separate orders. Many families need both, and some need neither.

We act for families applying for guardianship or trusteeship, for people who have been named in someone else’s application, and for adults who want to respond to an application made about them.

Guardianship Is the Last Option, Not the First

The Act sets out a range of options, from the least restrictive to the most. A judge will not grant guardianship if something lighter would meet the need.

Before a court application is the right answer, it is worth knowing what else exists:

• A personal directive or enduring power of attorney. If the adult still has capacity to sign one, these are usually faster, cheaper, and less intrusive than a court order. A personal directive covers personal decisions. An enduring power of attorney covers financial ones. Where one of these already exists and covers the decisions that need to be made, guardianship or trusteeship may not be necessary at all.
• Supported decision-making. The adult keeps full authority and names up to three people to help them gather information and understand their options. No court involvement. Personal matters only.
• Co-decision-making. A court order for adults whose capacity is significantly impaired but not gone. The adult and the co-decision-maker work through decisions together, and the adult still makes the final call. Personal matters only.
• Specific decision-making. A short-term mechanism where a health care provider turns to the nearest relative for a particular health care or placement decision. It does not apply where the adult already has a guardian or a personal directive.

Part of our job at the first meeting is working out which of these fits, and telling you plainly if a full guardianship application is more than your situation needs.

What the Court Needs to See

An application for guardianship or trusteeship is document-heavy. The core pieces are:

• A capacity assessment report. Completed by a physician, psychologist, or designated capacity assessor. It must be dated within the six months before the application is filed, so timing matters.
• A guardianship plan, a trusteeship plan, or both. These set out what decisions the order is actually being asked to cover. The plan shapes the order, and the order defines the authority — so this document does more work than most applicants expect.
• Consents from the proposed guardian or trustee, and from any alternate.
• Personal references, and a background check on each proposed decision-maker.
• An inventory of the adult’s property, where trusteeship is sought. This one can sometimes be filed after the order.

The Office of the Public Guardian and Trustee sends notice to interested parties, interviews the adult about their own views on the application, and prepares a report for the court. That report goes to the judge, and a copy comes to you.

Desk Application or Hearing

There are two ways an application reaches a judge.

A desk application is decided on the documents alone, with no hearing. It is the usual route where nobody is expected to object. The province notes these typically take around six months.

An application with a hearing is used where opposition is anticipated, or where the matter is urgent. Evidence is presented to the judge and interested parties can attend and be heard.

Choosing the wrong route costs time. If there is a sibling, a spouse, or an adult child who is likely to object, a desk application that gets contested part way through is slower than a hearing would have been.

When It Cannot Wait

Where an adult faces an immediate risk of death or serious harm, or where their finances are at immediate risk of serious loss, the court can appoint a temporary guardian or temporary trustee. Temporary orders run for a limited period and are meant to hold the situation stable while the full application proceeds. A temporary trustee can protect property but cannot sell it or borrow against it.

If you are in this position, say so when you call.

What Happens After the Order

The order is the beginning of the obligation, not the end of it.

A guardian must act in the adult’s best interests, know and take account of the adult’s own values and wishes, encourage independence wherever the adult can exercise it, use the least intrusive approach that actually works, keep the adult informed of decisions made on their behalf, keep records, and protect the adult’s personal information.

A trustee carries all of that plus a financial accounting obligation. The adult’s property must be kept entirely separate from the trustee’s own. Expenses paid must be reasonable and for the adult’s support, care, or education. Records must be detailed enough to account for. A trustee who causes loss through misconduct or neglect can be held personally liable.

Some orders come with a built-in review requirement, meaning the arrangement has to come back before the court to be reassessed. Orders can also be varied or ended if circumstances change — including where the adult regains capacity.

What to Bring to Your First Appointment

Bring whatever you have. Nothing on this list is a prerequisite for booking.

• Any capacity assessment or medical documentation about the adult’s condition
• Any existing personal directive, enduring power of attorney, or will
• A list of the adult’s property, accounts, income, benefits, and debts
• The names and contact details of the adult’s close family members
• Any court documents you have already been served with
• A short note on the decisions that are actually being blocked right now

That last one is the most useful thing you can bring. What the adult cannot currently get done is what the application has to fix.