Can a Guardian or Trustee Be Removed or Replaced in Alberta?

If you are worried about how a guardian or trustee is treating a relative, you may wonder whether the appointment can be undone or the person replaced. Alberta law has ways to raise concerns, but they run through a review, a complaint or the Court.

This article explains who can ask for a review, the grounds the law lists, and what the OPGT can and cannot do.

This article covers the law of Alberta.

The review is the main route

A review of a guardianship or trusteeship order can be sought at any time. It must also happen when the order requires, when the adult's capacity changes, or when a decision-maker's capacity changes.

Missing a review date does not end the guardian's or trustee's role, but the review is still required.

Guardians: who can apply

A guardianship review may be sought by the represented person, the guardian or any interested person. That means a concerned relative can raise the issue, though what the Court decides depends on the evidence.

It helps to know what a guardian is expected to do. Guardians must act in the adult's best interest, act diligently and in good faith, encourage independence, use the least intrusive effective approach, inform the adult of important decisions, keep records and protect personal information.

Trustees: grounds and what happens

A trustee must act in the represented adult's best interests (s 56(1)(a)) and with the care, skill and diligence of a reasonably prudent person (s 57(1)). When directed, the trustee must submit accounts for Court examination and approval (s 63(9)(a)).

• The Court shall terminate a trusteeship order if satisfied the person no longer needs a trustee (s 70(5)(a)).
• The Court may discharge a trustee for breach of trust or unsuitability (s 70(5)(b)).
• The Alberta page lists a $100 court filing fee for a trusteeship review.
• If the adult has regained capacity and termination is sought, a capacity assessment may be required.

A person who wilfully causes loss to a represented adult's property faces a fine of up to $10 000.

The role of the OPGT and other routes

The OPGT investigates written complaints about court-appointed guardians, trustees and personal directive agents that meet its criteria. Complaints under the Adult Guardianship and Trusteeship Act go to a complaints officer (s 75(1)), and investigators may interview the adult (s 76(5)(a)).

The Public Guardian may apply for a temporary protection order where a represented adult is at risk of serious harm (s 74(1)).

If the concern is about an attorney under an enduring power of attorney, the OPGT cannot investigate. Instead, any interested person may apply to the Court to terminate the power if that would be in the donor's best interests. The Court cannot appoint a substitute attorney but may direct a trusteeship application and appoint an interim trustee.

What to do next

• Write down what you have seen, with dates, and keep any records or statements you can lawfully access.
• Find the court order to see what authority the guardian or trustee was given and whether a review date is set.
• Consider a written complaint to the OPGT if the concern fits its criteria.
• If someone is at risk of serious harm, contact the appropriate authorities right away.
• Speak with a lawyer about a review application, the evidence the Court will want and how costs work.

Frequently asked questions