Adult Guardianship and Trusteeship

If, by some misfortune, you become incapable of managing your affairs, someone else must take on that responsibility. You can prepare for that possibility in advance by making legal documents (Personal Directive and Power of Attorney) that assign someone to handle these decisions. If you have not made these documents, someone will have to be assigned by the court to manage your affairs.

In Alberta, the Adult Guardianship and Trusteeship Act (AGTA) describes the process for doing this. In addition, if you are losing some decision-making ability, but are not completely incapable, this Act describes some other options for assistance with decisions.

The resources on this page were hand-picked by the Centre for Public Legal Education Alberta's staff as a good place to start.

For further resources on this topic and related documents, see the following legal topics: Guardianship and trusteeship, and  Wills and estates


Suggested Resources

The Alberta Supports Centres can provide assistance with guardianship and trusteeship applications as well as writing a personal directive and applying for co-decision-making.

Related legal topic(s): Elder abuse, Guardianship and trusteeship, Wills and estates

This is a series of publications developed with funding from Employment and Social Development Canada. The multimedia resource package is focused on increasing the knowledge and awareness of how intermediaries can use the law to prevent and reduce elder abuse. (Resources are available in English and French)

Related legal topic(s): Elder abuse, Wills and estates

Alberta Resources

This online resource from Alberta Human Services provides information about the Adult Guardianship and Trusteeship Act (AGTA) which came into force on October 30, 2009. It includes information about the various decision-making options under the Act, and has sections specifically for private guardians, service providers and legal professionals. There is also a roster of designated capacity assessors.
Related legal topic(s): Guardianship and trusteeship

This booklet produced by the Centre for Public Legal Education Alberta is for people who either: find themselves, or a loved one, in a state of diminished mental capacity and are interested in exploring joint decision-making options; or have a loved one who has lost capacity and must set up Guardianship and Trusteeship for that person. This 32 page PDF is available for download.

Related legal topic(s): Guardianship and trusteeship, Wills and estates

The Office of the Public Guardian (OPG) provides decision-making mechanisms for individuals who are unable to make personal, non-financial decisions for themselves. The OPG does this through the Personal Directives Act, the Adult Guardianship and Trusteeship Act and the Mental Health Act. The OPG also administers the Personal Directives Registry and the Adult Guardianship and Trusteeship Registry.

 

Related legal topic(s): Guardianship and trusteeship

The Office of the Public Trustee exists to protect and administer the property of represented adults, minor children, and deceased persons, where there is no one else able to act. The website provides information about trusteeship under the Alberta Guardianship and Trusteeship Act and about informal trusteeship.

Related legal topic(s): Guardianship and trusteeship, Wills and estates

Canada/Federal

Advance care planning is a process of reflection and communication, a time for you to reflect on your values and wishes, and to let others know your future health and personal care preferences in the event that you become incapable of consenting to or refusing treatment or other care. This website will help you to create an advance care plan that will document your wishes to be followed in the event you cannot speak for yourself. This website also gives information to caregivers, family, and friends helping to create an advance care plan for you. There is a Tool kit for community organizations; ACP planning resources; and Workbooks for all jurisdictions.

Related legal topic(s): Guardianship and trusteeship, Wills and estates