- Trusteeship applies to a living adult, which is different from an estate, and how it works in your situation is worth confirming with a lawyer before you apply.
- It is a different process from administering an estate after someone has died, where the Public Trustee is not the default administrator.
- Gathering records, medical information and a clear picture of the adult's finances before you speak to a lawyer makes the process smoother.
When a parent, spouse or other relative can no longer manage their money, families often feel stuck. Bills go unpaid, accounts cannot be accessed, and no one has clear authority to step in. People often look for a court-based way to deal with these situations, but how that applies depends on your situation, so it is worth confirming with a lawyer.
This article explains the idea in plain terms, how it differs from dealing with an estate after a death, and how to prepare. The detailed requirements for who may apply, what the court needs to see, and what a trustee must do are set out in Alberta legislation and court practice. Those details depend on the facts, so confirm them with a lawyer before you file anything.
This article covers the law of Alberta.
What trusteeship means in plain words
Trusteeship is a term people use for managing the finances of a living adult who cannot manage them. What it involves in a particular case depends on your situation, so it is worth confirming with a lawyer.
It applies to a living person. That is the key difference from an estate, which is dealt with after someone dies. Mixing up the two is common, and it leads people to the wrong forms and the wrong office. For example, the Public Trustee's role in an estate begins only after a death, and it can take possession of a deceased person's property if no personal representative or next of kin has done so.
How it differs from administering an estate
After a death with no will, a family member may apply to court for a grant of administration, and the Public Trustee does not step in just because there is no will. The Public Trustee may act as personal representative of a deceased person, but it will consider administering an estate only if the estate is solvent, meaning it has more assets than debts, no other person with a prior right to administer is able and willing to do so, and a beneficiary is under 18 or is a represented adult client of the Public Trustee.
Those rules are about deceased persons' estates. They do not decide who can be a trustee for a living adult. If your relative is still alive, the estate rules do not yet apply.
| Situation | What it concerns |
|---|---|
| Trusteeship | A living adult who cannot manage their finances |
| Estate administration | Property left by a person who has died |
Questions to settle before you apply
A court will want a clear, honest picture of why an application is needed. It helps to think through these points with a lawyer before you start.
- Is the adult truly unable to manage their finances, and what information supports that?
- Is there already a document, such as a power of attorney, that gives someone authority? If so, it may change what is needed.
- Who in the family is willing and suitable to act, and does everyone agree?
- What does the adult own, owe and receive each month?
- Are there family disagreements that the court may need to hear about?
Whether another arrangement already covers the situation, and who is eligible to apply, depends on the facts. A lawyer can confirm this.
What a trustee is generally expected to do
The specific duties of someone managing a living adult's money depend on the law and on any court order that applies. Read any order carefully, and confirm with a lawyer what it requires of you in your situation.
Keeping clear records of money received and spent is a sensible habit in any case, so it helps to start from the first day.
What to do next
Start by collecting information, then speak with a lawyer about the court process and the current forms.
- List the adult's income, bank accounts, property, debts and regular bills.
- Collect any existing power of attorney, personal directive or related documents.
- Gather medical or other records that show the adult's difficulty managing money.
- Talk with close family about who should act and whether they agree.
- Keep copies of all letters and statements from banks, government offices and creditors.
- Book a meeting with a lawyer to confirm who can apply and what the court will need.
If your relative has already died, the estate process applies instead, and a different set of steps and offices is involved.
Frequently asked questions
Can the Public Trustee act for my living relative the way it does for an estate?
The rules about the Public Trustee acting for a deceased person's estate are separate and limited. Whether it has any role for a living adult depends on the facts and the legislation, so confirm this with a lawyer.
Do I need a lawyer to apply for trusteeship?
How this applies depends on your situation, so it is worth confirming with a lawyer. Many people get legal advice so the application is complete and accurate.
What if my family disagrees about who should be trustee?
Disagreements are best raised early with a lawyer, since the court may need to hear from the people affected. Keeping records and communicating openly can help reduce conflict.
What happens to the adult's money after they die?
Trusteeship is for a living adult, and the estate is dealt with separately after death. Where there is no will, a family member may apply to court for a grant of administration.
Sources
- Alberta King's Printer – Public Trustee Act — kings-printer.alberta.ca
- Alberta.ca – Deceased persons' estates (OPGT) — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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