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.
Centre for Public Legal Education Alberta resource:
For further resources on this topic and related documents, see the following legal topics: Guardianship and trusteeship, and Wills and estates
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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.
If an adult’s ability to make personal decisions is impaired but they can make decisions with good support, co-decision-making may be an option. The adult who needs support doesn’t lose authority to make their own decisions. They share that authority with their co-decision-maker. Learn more about co-decision making.
Options available to support adults who need assistance making personal and/or financial decisions include: supported decision-making, co-decision-making, specific decision-making, guardianship and trusteeship.
This booklet will give you general information about the law relating to guardianship, parenting, custody, access and contact.and the principles applied by the court when deciding matters relating to the care of children. If your application deals with these issues, you should read this booklet before starting to fill out your court forms. This information is general in nature, and is not intended to be an in-depth discussion of all legal issues relating to children.
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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)
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.
Decision-making options for individuals who need assistance are on a continuum, ranging from supported decision-making authorizations to full guardianship. The Adult Guardianship and Trusteeship Act (AGTA) sets out the necessary legal process for granting powers of substitute decision-making to a co-decision maker. A co-decision-maker is appointed by the Court to help an adult make decisions in some or all areas of personal decision-making, except financial matters. This publication describes how to apply for a co-decision-making order and what’s involved.
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.
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