Adult guardianship and trusteeship
Some adult Albertans require assistance to make decisions about their finances and personal care. The Adult Guardianship and Trusteeship Act (AGTA) provides several specific options for family members and those who care about the adult in question to support or replace the adult's decision-making. For family members, choosing what option is appropriate can be confusing and may incite conflict. The lawyers at Castle & Associates in Calgary can provide guidance and clarity on a deeply personal and very important issue.
Options For Decision-Making
The AGTA allows for many kinds of decision-making for adults who need assistance. Specifically, the legislation identifies:
- Supported decision-making: For adults who are generally capable of making decisions, but require some help, this allows a designated individual to access personal information and to help the adult think through issues.
- Co-decision-making: For adults who require significant help to make decisions, a designated individual and the adult will make decisions together.
- Specific decision-making: Health care professionals may allow a relative to make a specific, one-time decision on behalf of another person.
- Guardianship: If an adult is unable to make personal decisions, a family member or friend can apply to the court to become guardian and make personal care decisions on behalf of the adult.
- Trusteeship: If an adult is unable to make financial decisions, a trustee can be appointed by the court to make these decisions.
Specific legal requirements must be met for each one of these options to be executed. We can help you and your family members sort out your legal options. We can also help you assess how a loved one's enduring power of attorney or personal directive documents may affect who makes choices about his or her care.
As family law litigators, we are also able to represent people who want to challenge an application for guardianship or trusteeship. We have the knowledge and skill to represent clients in a full range of family law claims.
Legal Services: Alberta Adult Guardianship And Trusteeship Act (AGTA) Claims
If you require legal advice about how to appoint a guardian for a loved one, or more information about applying for trusteeship or guardianship, schedule a consultation appointment with our firm. Call us at 1-800-655-9680 toll free or 587-326-0128 within Calgary or contact us online.