When an adult can no longer make some of their own decisions, and no enduring power of attorney or personal directive is in place or working, a family member may apply to the Court of King’s Bench. A capacity assessment report is part of that application.
Guardianship or trusteeship: which one?
| Arrangement | Covers |
|---|---|
| Guardianship | Personal matters, such as health care, where a person lives and day-to-day supports |
| Trusteeship | Financial matters, such as bank accounts, bills and property |
| Co-decision-making | Personal decisions made together, when an adult can decide with help |
The court looks for the least intrusive option that protects the person. Sometimes the answer is that the adult can decide for themselves in some areas and needs help in others.
What the assessment looks at
- Can the adult understand the information relevant to a decision?
- Can they appreciate what is likely to happen if they decide one way or the other?
- Which areas of life are affected, and which are not?
What you will need
- Your family member’s health care contact, and confirmation from their doctor that temporary causes have been ruled out
- A summary of what has changed, with examples
- Any existing legal documents
Keep an eye on timing. The completed form is generally valid for six months, so plan your application with your lawyer or the Office of the Public Guardian and Trustee.
Fees
Alberta sets maximum fees: up to $500 for guardianship, trusteeship or co-decision-making alone, and up to $700 for a combined assessment. See fees.
Unsure which you need? The guide on guardianship and co-decision-making explains the difference.
Sources: Government of Alberta, capacity assessment and the Office of the Public Guardian and Trustee. Rules can change, so check the current version or ask a lawyer.