If you are reading this, you are probably worried about someone. This guide explains how the process works in Alberta, in the order that things usually happen.
Step 1: Decide if an assessment is really needed
Adults are presumed to have capacity. You may not need an assessment if a valid enduring power of attorney or personal directive already covers the situation, or if the person simply needs more support. You generally need one for a co-decision-making, guardianship or trusteeship application.
Step 2: See the family doctor
Infections, medication changes, dehydration, depression and other treatable problems can cause confusion. Alberta guidance says a doctor should rule out temporary causes first. If confusion came on suddenly, get medical care right away.
Step 3: Find a designated capacity assessor
Assessors include physicians, psychologists and trained professionals such as nurses, social workers and occupational therapists. Ask about:
- Cost, including travel
- How soon they can see the person
- Whether they can come to the home or facility
- Whether they speak the person’s first language
Step 4: Prepare the adult
Tell them honestly, in simple words. An assessment should not be a surprise. If they are upset, ask the assessor how best to explain it.
Step 5: The assessment
The assessor meets with the adult and asks about daily life, finances, health care and decisions they face. There is no pass or fail. The goal is to understand what they can decide.
Step 6: The report
The assessor completes the Capacity Assessment Report (Form 4). It is generally valid for six months, so do not leave it too long.
Step 7: Next steps
If the report supports it, you can apply to the Court of King’s Bench, by yourself or with a lawyer. The Office of the Public Guardian and Trustee provides forms and information. The court, and not the assessor, makes the final decision.
In Greater Edmonton, Mukesh Mishra can assess at home, in English, Hindi, Punjabi, Urdu or Nepali. See fees and what to prepare.
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.