Sometimes a situation arises in which one loses capacity without having had the opportunity to prepare the above documents, or in which a family member has never had the legal mental capacity to give instructions to prepare estate documents (previously called a “dependent adult” and now called a “represented adult” under current legislation). In these situations, an application must be made to the Court of Queen’s Bench of Alberta to appoint someone to assist with decision making, to make decisions with the represented adult ( co–decision making), or to look after the family member’s financial and personal affairs.

If there are no willing family members or friends, the Public Guardian may be appointed to make personal decisions regarding the represented adult’s care and living arrangements, and the Public Trustee may be appointed to manage the represented adult’s financial matters. These applications are more costly and considerably more time-consuming and invasive than the preparation of an enduring power of attorney and a personal directive. These affairs become public record as well.

Our firm has several years of experience assisting those who must make applications to appoint a family member or friend in a decision-making capacity. We are also experienced in assisting with applications to review such appointments and in applying for passing of the accounts of a represented adult (which must be done every two, four, or six years, or otherwise as directed by the court).

Should you have any questions about assisting a family member or friend with these matters, please contact our office. More information about trusteeship and guardianship can also be found at www.humanservices.alberta.ca/guardianship-trusteeship.html.

For more information, please contact Amanda Moroz, or telephone our office at 780-459-0133. You may also speak with Wendy M. Phillips-Berard or Michelle T. Roe.

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More on this topic:

Wills, Enduring Powers of Attorney, & Personal Directives

Estate Administration

Estate Planning Questionnaire