What is Guardianship and Trusteeship?
In Alberta, once an individual turns 18 years of age,they will automatically become their own guardian. If an adult is not capable of making decisions independently, a formal court order is needed in order for someone to be appointed as a formal Guardian and/or Trustee.
Alberta's Guardianship and Trusteeship Act establishes a range of decision-making supports for adults who require assistance or who do not have the capacity to make personal, medical, legal, and financial decisions for themself
Guardianship
Guardianship is a legal process which allows an individual to make non-financial decisions on behalf, or with, a dependent adult regarding personal matters. Non-financial decisions include:
- Healthcare
- Where to live
- Who to associate with
- Participation in social activities
- Participation in educational, vocational, and other training
- Employment matters
- Legal matters
Trusteeship
A trustee is someone who is responsible for a dependent adult's financial affairs. This includes:
- Managing the adult's money to pay their bills, care charges, etc.
- Managing the adult's investments, real estate, and personal property
- Applying for the adult's financial programs (e.g. AISH)
- Managing the adult's RDSP, RESP, TFSA, etc.
- Filing taxes
Guardianship and Trusteeship applications require a Capacity Assessment Report.
A capacity assessment is used to determine if an adult can: make their own personal or financial decisions and understand the information and consequences of making those decisions.
Click here to view our Guardianship and Trusteeship Checklist.
