Capacity Assessors of Alberta Mukesh Mishra, MSW, RCSW

Guides

Guardianship vs Co-Decision-Making in Alberta

Many families assume guardianship is the only option. In fact, Alberta has a range of tools, from a little help to full substitute decision-making. The principle is to use the least intrusive option that keeps the person safe.

The options, from least to most intrusive

OptionWho decidesCourt order?
Supported decision-makingThe adult, with a supporter’s helpNo
Co-decision-makingThe adult and co-decision-maker togetherYes
GuardianshipThe guardian, in the areas named in the orderYes
TrusteeshipThe trustee, for financial mattersYes

Co-decision-making

This suits an adult whose capacity is significantly impaired, but who can make decisions with guidance. It applies to personal matters. The adult remains part of each decision.

Guardianship

This suits an adult who cannot make some or all personal decisions, even with help. The order should cover only the areas where help is needed. The guardian must consider the adult’s wishes and values.

Trusteeship

Guardianship does not cover money. If finances are a concern, you will need trusteeship, which is a separate appointment that can be applied for at the same time.

How do you choose?

  1. Check for an enduring power of attorney or personal directive first.
  2. Ask what the adult can do with support.
  3. Get a capacity assessment, which shows which areas are affected.
  4. Talk to a lawyer or the Office of the Public Guardian and Trustee.

Read more about guardianship and trusteeship assessments.

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.

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