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.
Initial consultations are free of charge.