What Is a Capacity Assessment in Alberta and Who Can Do One?
This answer covers the law of Alberta.
A capacity assessment in Alberta is a check of whether an adult can make personal or financial decisions and understand the consequences. Physicians and psychologists can do these assessments for guardianship and trusteeship, and trained, approved health professionals such as registered nurses, psychiatric nurses, social workers and occupational therapists can be designated capacity assessors.
Capacity means the ability to understand the information relevant to a decision and to appreciate its reasonably foreseeable consequences. An adult is presumed to have capacity until the contrary is determined. Disagreeing with a decision does not, by itself, mean a person lacks capacity. Before an assessment, a doctor must give the adult a medical exam to rule out a temporary or reversible condition.
A guardianship application must include a capacity assessment report, although if the adult refuses or is prevented from being assessed, the Court can decide on the available evidence. The assessor's form must be dated within the 6 months before you submit the application. Fees are capped by regulation, at up to $500 for guardianship or trusteeship and $700 for both combined. Because rules and fees can change, confirm the current details before you apply.
Key takeaways
- Physicians and psychologists can do capacity assessments for guardianship and trusteeship, and trained, approved health professionals can be designated capacity assessors.
- Disagreeing with a decision does not by itself mean a person lacks capacity, and a doctor must first rule out a temporary or reversible condition.
- A guardianship application must include a capacity assessment report, but the Court can decide on the available evidence if the adult refuses or is prevented from being assessed.
- The assessor's form must be dated in the 6 months before the application is submitted, and fees are capped by regulation.