Dependent Adult Matters

Dependent Adult Matters

Sometimes the situation arises where one loses capacity without having taken the opportunity to prepare the above documents or where a family member has never had the legal mental capacity to give instructions to prepare estate documents. In that situation, an application must be made to the Court of Queens Bench of Alberta for someone to be appointed to look after the dependent adult's financial and personal affairs.

If there are no willing family members or friends, the Public Guardian may be appointed to make personal decisions regarding the dependent adult's care and living arrangements and the Public Trustee may be appointed to manage the dependent adult's financial matters. These applications are more costly and considerably more time-consuming and invasive than the preparation of an Enduring Power of Attorney and a Personal Directive; it also means that your affairs become public record as well.

Our office has several years of experience dealing with assisting those who must make applications to appoint a family member or friend as a guardian and/or a trustee. We are also experienced in assisting with applications to review such appointments (which must be done every six years) and in applying for passing of accounts of a dependent adult (which must be done every two, four, or six years, or otherwise as the court may direct).

Should you have any questions regarding assisting your family member or friend with these matters, please contact our office. More information about trusteeship and guardianship can also be found at:

http://www.seniors.alberta.ca/opg/guardianship/

For more information, please contact Amanda Moroz at her email address amanda.m@goodlawfirm.ca or telephone our office at 780-459-0133. You may also speak with Wendy Phillips-Berard.