Guardianship & Trusteeship
 

Sometimes a situation arises where an individual loses mental capacity without having had the opportunity to prepare an Enduring Power of Attorney or Personal Directive, or where a family member has never had the legal mental capacity to give instructions for estate documents (formerly called a “dependent adult,” now referred to as a “represented adult” under current legislation). In these cases, an application must be made to the Court of King’s Bench of Alberta to appoint someone to assist with decision-making, co-decision-making with the represented adult, or to manage the family member’s financial and personal affairs.
 
If there are no appropriate or willing family members or friends, the Public Guardian may be appointed to make decisions regarding the represented adult’s care and living arrangements, while the Public Trustee may be appointed to manage financial matters. These applications are more costly, time-consuming, and invasive than preparing an enduring power of attorney or personal directive, and they become public record.
Our firm has extensive experience helping clients navigate these applications to appoint a family member or friend in a decision-making role. We also assist with reviewing such appointments and applying for the passing of accounts for a represented adult, as required by the court.
 

If you have any questions about assisting a family member or friend with these matters, please don’t hesitate to contact our office. More information about trusteeship and guardianship can be found here.
 

For more information, please reach out to our Wills and Estates Assistant, Amanda Moroz, or call our office at 780-459-0133. You may also speak with Wendy M. Phillips-Berard or Michelle T. Roe.