Contact Us for a Free Consultation 403-209-4988

The Adult Trusteeship Process in Alberta

As a trustee for a represented adult, you can make financial decisions for that person and have control over the person's financial assets. The court appoints trustees for adults who do not have the mental capacity to make decisions for themselves. Please note that adults who have enduring power of attorney do not require trustees.

Trustees can pay the represented adult's bills, manage his or her investments, and apply for Old Age Security and other financial benefits. As a trustee, you cannot make decisions about the adult's personal care unless you are also a guardian.

To deal with real estate on behalf of the represented adult, the trustee must get the court's permission. This includes selling or refinancing the adult's home.

Once an application for a court order has been submitted, it may take approximately three to six months for the court to decide.

Trusteeship Application Process

The first step is assessing the adult's capacity by a professional. The assessment can be done by the adult's family doctor, another physician, a psychologist or psychiatrist, or a designated capacity assessor. A completed Form 4: Capacity Assessment Report (Guardianship or Trusteeship or Both) must be included with your application and must have been dated within six months of the application's submission date.

Secondly, choose which application path to take. If you don't expect anyone to oppose your application, you can choose a desk application, which will not require you to go to court. The judge will make a decision based on the application.

If you expect someone to oppose the application or need the trusteeship order quickly, choose application by hearing. This means you or your lawyer will appear in court and the judge will decide based on the application and what is said at the hearing.

It is imperative that the application is filled out correctly and all required information is included. If you work with a lawyer, he or she will guide you through this process and ensure it is done correctly. Your lawyer will also submit the application and the Capacity Assessment Report.

After Submission

The Office of the Public Guardian and Trustee will have a review officer meet with the adult to discuss the application for trusteeship. This ensures the adult's opinion is taken into account. Based on this meeting, the review officer will provide the court with a report.

The review officer will also contact the people listed as “interested parties” in the application and anyone else they think should be made aware of the application, letting them know they can request a court hearing if they disagree with it. If anyone opposes the application and wishes to have a hearing, they must submit a specific form by the date provided in the review officer's letter.

If trusteeship is granted, a copy of the court order will be sent to the trustee, the represented adult, and other relevant parties. It will name the trustee and any alternates.

The court may wish to review the trusteeship later to ensure the arrangement is working. If a review is required, it will say so in the court order. You may also have to appear for an examination of your activities as the trustee and approval of financial accounts.

If a review is required, you must apply for a trusteeship review before the date stated in the court order. You will need an updated Capacity Assessment Report for review.

Contact Us Today

MerGen Law LLP is committed to answering your questions without all the confusing legal jargon.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu