We'll help you find your way.

ADULT GUARDIANSHIP AND TRUSTEESHIP

When an adult loses the ability to make personal or financial decisions due to illness, disability, or aging, legal steps may be required to appoint a guardian or trustee if the adult does not have an Enduring Power of Attorney or a Personal Directive. In Alberta, the Adult Guardianship and Trusteeship Act (AGTA) provides a framework for supporting adults who need decision-making assistance.

At Wiebe Law, we help families navigate the guardianship and trusteeship process, ensuring that their loved ones receive proper care while protecting their legal rights.

What’s the Difference Between a Guardian and a Trustee?

A Guardian makes personal decisions for an adult (e.g., health care, living arrangements).
A Trustee manages financial matters, including property and assets.

Under Alberta law, guardians and trustees are appointed to safeguard the rights and welfare of adults who are incapacitated. The primary objective of these roles is to guarantee that individuals who are unable to make crucial decisions for themselves, owing to incapacity or disability, are provided with the necessary care and support.

Book a free consultation to discuss how we can help you obtain guardianship and/or trusteeship for a loved one.

Book Now

Adult Guardianship

Adult guardianship entails conferring legal authority upon a chosen individual, often a family member or close friend, to make decisions related to personal, medical, and lifestyle matters for an incapacitated adult. This includes making choices about healthcare, living arrangements, and other personal concerns. The guardian, once appointed, is responsible for acting in the best interests of the incapacitated adult, taking into account their preferences and values to the greatest extent possible.

Adult Trusteeship

Adult trusteeship focuses on the management of financial and property affairs. It involves appointing an adult trustee to oversee the financial matters and assets of a person who is incapacitated. Frequently, the trustee is also the adult guardian, although this is not a requirement. The trustee is empowered to handle bank accounts, properties, investments, and other fiscal duties. The primary responsibility of the trustee is to ensure that the financial assets of the individual are managed wisely and utilized for their benefit.

When Is Guardianship or Trusteeship Needed?

You may need to apply for guardianship or trusteeship if a loved one:

✔ Has dementia or cognitive decline affecting decision-making.

✔ Sustained a serious brain injury or disability.

✔ Cannot manage their personal or financial affairs independently.

If no Enduring Power of Attorney (POA) or Personal Directive was made before incapacity, legal intervention may be required.

The Guardianship & Trusteeship Process in Alberta

Determine the Need – Assess whether full or supported decision-making is required.
Gather Medical & Financial Evidence – Obtain a capacity assessment from a capacity assessor in Alberta and prepare detailed financial information for court review.
Prepare Legal Documents – Complete the necessary forms for court approval.
File the Application – File the application materials in the Alberta Court of King's Bench.
Attend a Court Hearing – In some cases, oral submissions in court before a judge will be required before an order for guardianship and/or trusteeship is granted.

FAQs

How long does the guardianship application process take?

The process typically takes 2-6 months, depending on whether the application is submitted as a desk application, in which case it may take up to six months, or an in-person application, in which case the entire process may take about two months.

Can more than one person be appointed as a guardian or trustee?

Yes, Alberta law allows for co-guardians and co-trustees if multiple family members wish to share responsibilities.

What happens if someone disputes the guardianship application?

If a family member objects, the case may require mediation or a court hearing to determine the best outcome for the adult.

Get Trusted Legal Guidance Today

An order appointing both an adult guardian and trustee is necessary when an adult is unable to make decisions regarding both personal and financial matters due to incapacity. The need for such appointments arises when an adult is deemed legally incapacitated due to mental illness, cognitive impairment, or physical disability. Incapacity may result from conditions such as dementia, severe brain injury, or other medical conditions that affect decision-making capacity. An order appointing an adult guardian and trustee ensures that the incapacitated individual receives appropriate care, support, and protection in both personal and financial aspects of their life, promoting their well-being and quality of life despite their incapacity.

Navigating guardianship and trusteeship matters can be overwhelming, but Wiebe Law is here to help. Let us guide you through the legal process and ensure your loved one’s needs are met.

Book Now