What Happens If My Parent Has Dementia and No Power of Attorney in Alberta?

This answer covers the law of Alberta.

If your parent has dementia and never signed an enduring power of attorney or a personal directive, you may need the Court to give you authority. A healthcare provider may choose the nearest relative to decide on health care and temporary residential placement, but a family member or friend may otherwise have to apply to become guardian or trustee.

Guardianship covers personal decisions such as health care and where your parent lives, while trusteeship covers finances, and you can apply for both at once. Your parent is presumed to have capacity until the contrary is determined. A guardianship application must include a capacity assessment report, unless your parent refuses or cannot be assessed, in which case the Court decides on the available evidence. The Court may appoint a trustee if satisfied your parent lacks capacity to make financial decisions.

Less intrusive options, such as informal trusteeship, are worth considering first. An application usually takes about 6 months, and the court filing fee is up to $300. Urgent orders exist where there is immediate risk, but a temporary guardian can be appointed for only up to 90 days. A lawyer can help you confirm which route fits your situation.