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Calgary Guardianship and Trusteeship Lawyers

Calgary guardianship lawyers and Calgary trusteeship lawyers are the men and women lawyers of Calgary, Alberta who handle the guardianship and trusteeship matters for people in the Calgary area. If someone close to you has lost their mental capacity then you will want to obtain the advice and assistance of a guardianship and trustee lawyer.

Note that the former Dependent Adults Act of Alberta has been replaced.  The Adult Guardianship and Trusteeship Act of Alberta came into force on October 30, 2009 and applies throughout Alberta, including in Calgary. It is the new law that deals with guardianship matters. It replaces the former Dependent Adults Act. 

Guardianship Matters
The Adult Guardianship and Trusteeship Act empowers the Court of Queen’s Bench to appoint a person as a Guardian of another person, if that other person is mentally incapacitated. The guardian is usually a relative or close friend who is familiar with the adult in question.

The legislation allows for the appointment of the Public Guardian in certain situations. The Public Guardian is an office of the Provincial government. The Public Guardian only gets involved if there is no family member or other interested party who is appropriate or willing to take on the responsibility of being the guardian of the represented adult.

Orders made under the former Dependent Adults Act continue in force under the new act by virtue of section 117(2) of the Adult Guardianship and Trusteeship Act.

Once appointed, a guardian is empowered to make certain decisions on behalf of a represented adult. This could include decisions about the adult’s participation in certain activities, consents regarding health care and decisions as to where the represented adult will live. 

A legal guardian is accountable to the Court of Queen's Bench for decisions made on behalf of the represented adult. Any interested party can ask the Court for a review of a guardianship order at any time. This includes the represented adult.

Guardians cannot make decisions about anything related to financial matters unless they are also appointed as a trustee of the represented adult. It is fairly typical to have both appointments made at the same time.

The three main component of a Guardianship application include:

1. “Guardianship Plan”,
2. “Capacity Assessment Report”, and
3. “Review Office Report”. A certified capacity assessor must complete the Capacity Assessment Report. 

Some applications can be made as “desk applications” and others require a “notice of hearing”. Consult with a Guardianship lawyer to determine your situation.  The full text of the Adult Guardianship and Trusteeship Act can be viewed online at the Queen’s Printer.

Your Calgary guardianship lawyer will be able to help you with all these matters and can streamline the whole process for you. They have experience under the former Dependent Adults Act and as well under the new Guardianship and Trusteeship Act. 

If someone close to you has become mentally incapacitated then you will want to talk to a guardianship lawyer.

Trusteeship Matters
Under Division 4 of the Adult Guardianship and Trusteeship Act, the Court of Queen’s Bench of Alberta is empowered to appoint a person as a Trustee of another person, if that other person is mentally incapacitated.  In most situations the same person that is appointed Guardian gets appointed Trustee.

Trustees are empowered to make “financial decisions” regarding the adult in question. Their powers are basically limited to financial matters only. This is obviously an extremely important function and the role of being a Trustee is an important and solemn one and should be taken very seriously.

It will be the duty of the trustee to keep track of all income and expenses and to prepare appropriate tax returns as they fall due.

Section 55 of the Act sets out some of a trustees powers, and these include that their power extends to all property of the represented adult within Alberta (and all property except real property located outside Alberta), and essentially to “do anything in relation to financial matters that the represented adult could do”. This includes the power to “sign all documents and do all things necessary”. There are certain restrictions when dealing with land and in every situation the trustee remains accountable to the represented adult. Certain parts of the Trustee Act of Alberta apply.

A trustee must always “maintain accounts in accordance with the records” and follow the rules and be accountable to the Court for all matters. A trustee is expected to keep the property of the represented adult separate from their own property and to keep separate books for it as well.

Section 61 of the Act places an obligation upon trustees to make reasonable efforts to determine whether or not the represented adult “has a will” and gives them the authority to “call in or receive an original will made by the represented adult” from any person, including from a lawyer.

Under section 66 of the Act a Trustee can be paid or “compensated” for their work in accordance with the Regulations.  

Any Trustee orders that were made under the Dependent Adult’s Act become transitioned into the new AGTA act. Your Calgary Trusteeship lawyer can advise you on all these matters

It is important, in considering who your Calgary guardianship and trusteeship lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary. They should have an office in Calgary which is staffed full time and has been there for some time.

We are that counsel for a lawyer referral.  We are that law firm referral company.  We are your Calgary Guardianship and Trusteeship Lawyers referral company.

Free Lawyer Referral Service - Call: (403) 770-9714.