In Alberta, if an adult failed to execute a personal directive and lacks the capacity to make decisions about personal matters he or she will require the court to appoint a guardian, an individual with the legal authority to make personal decisions on behalf of an incapacitated adult.
Guardians are only able to make personal decisions on behalf of an incapacitated adult. An individual appointed by the court to make financial decisions on behalf of an incapacitated adult is called a trustee. It is possible for the same person to be appointed by the court to act as both a guardian and trustee of an incapacitated adult.
Typically a friend or family member of an incapacitated adult will apply to be appointed as his or her guardian and/or trustee. In instances where no one is available or willing to act the Office of the Public Guardian and Trustee may be appointed.
If you are an individual seeking to be appointed as a guardian and/or trustee of an incapacitated adult and would like further information, please contact our office.
Initial consultations are free of charge.
For more information see the Adult Guardianship and Trusteeship Act, SA 2008, c A-4.2.