Practice Areas

Contested Represented Adult Litigation

Contested Represented Adult Litigation

Brett Turnquist
BRETT TURNQUIST / Litigation Lawyer
(403) 930-8595 | bturnquist@kantorllp.ca
Brett Turnquist practices exclusively in the areas of wills, estates, and incapacity matters.

Contested Represented Adult Matters

Who is a Represented Adult?

In Alberta, an incapacitated adult (someone who is unable to manage their own finances, make decisions regarding their health, etc.) who has a court appointed guardian and/or trustee is called a Represented Adult.

What is a Guardian and Trustee?

A guardian is an individual appointed by the Court to make personal decisions on behalf of the Represented Adult. 

A trustee is an individual appointed by the Court to make financial decisions on behalf of the Represented Adult.

Who can be appointed as a Guardian and/or Trustee?

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.

What if someone disputes who the Guardian and/or Trustee will be?

More than one person may make an application to be appointed as a guardian and/or trustee for a Represented Adult. If no one can agree on who should be appointed as the guardian and/or trustee, an application is made and the Court determines who would be the best fit.

What if I have an issue with a current Guardian and/or Trustee?

Sometimes family members or friends have concerns with the personal decisions a current guardian or trustee is making on behalf of a Represented Adult; they may believe that a guardian is not complying with the court order or that a Represented Adult is at risk of suffering physical or mental harm. In other instances concerns are raised about the manner in which a trustee is managing a Represented Adult’s financial affairs and have questions about how a Represented Adult’s money is being spent.

The Alberta Adult Guardianship and Trusteeship Act, SA 2008, c A-4.2 provides concerned family members and friends with the ability to apply to the court to seek information on the decisions made by a guardian or trustee. If you are concerned about the decisions being made by a court appointed guardian and/or trustee and would like further information on your legal options, please contact our office. 

Brett Turnquist practices exclusively in the areas of wills, estates, and incapacity matters.

(403) 930-8595 | bturnquist@kantorllp.ca

Initial consultations are free of charge.