How to Apply to Become an Adult's Guardian in Alberta

When an adult you care about can no longer make personal decisions, such as where to live or what health care to accept, you may need legal authority to step in. In Alberta, that authority can come from a court order under the Adult Guardianship and Trusteeship Act, or from a personal directive, which involves no court. The process involves paperwork, a medical assessment and notice to the people affected.

This guide walks through the steps in order. Fees, forms and timelines here reflect current Alberta government guidance and can change, so check them before you file.

This article covers the law of Alberta.

What a guardian can and cannot decide

Guardianship covers personal decisions such as health care, where the adult lives, who they associate with, education or training, social activities, employment and legal proceedings. A guardian cannot make financial decisions or consent to sterilization.

Money and property fall under trusteeship, which is a separate order. You can apply for both at the same time.

The Court gives a guardian authority only over the personal matters it considers necessary. Within that authority, the guardian may act, decide and give consents. One more limit: the Court may not give a guardian authority that an agent can exercise under a personal directive, unless the agent's authority is terminated. Where a directive has clear and relevant instructions, the guardian must follow them.

Who can apply and what the Court expects

Any interested person may apply for a guardianship order, including the Public Guardian, the Public Trustee, and anyone 18 or older who is concerned for the adult's welfare. A proposed guardian must be 18 or older, consent to act, and be someone the Court is satisfied will act in the adult's best interests. Alberta guidance adds that the person should have a relationship with the adult, be available, have no conflict, and complete criminal record and reference checks. If no one is willing or available, the Public Guardian may be appointed only in limited circumstances.

The Court may appoint a guardian only if it is satisfied of three things: the adult lacks capacity to make decisions about the personal matters, less intrusive alternatives were considered or tried and would not likely be or have not been effective, and the order is in the adult's best interests.

Alberta guidance lists alternatives to think about first, so be ready to explain why they do not work in your case:

• Supported decision-making
• A personal directive
• Specific decision-making
• Co-decision-making

The capacity assessment

A guardianship application must include a capacity assessment report about the adult. Capacity means the ability to understand the information relevant to a decision and to appreciate the reasonably foreseeable consequences of the decision or of not making one. The law presumes an adult has capacity until the contrary is determined. Disagreeing with a decision does not by itself mean the person lacks capacity.

Before the assessment, a doctor must give the adult a medical exam to rule out a temporary or reversible condition. Physicians and psychologists can do assessments, and certain trained and approved health professionals can be designated capacity assessors.

The assessor's form is valid for 6 months and must be dated in the 6 months before you submit the application. Fees are capped by regulation: up to $500 for guardianship or trusteeship, and $700 for combined guardianship and trusteeship. If cost is a hardship, you can contact the OPGT.

If the adult refuses or is prevented from being assessed, the Court can decide on the available evidence, and it can also order an assessment.

Desk application or hearing, forms and notice

You choose between a desk application and an application with a hearing. A desk application suits cases where no one is expected to disagree and time is not critical, and the judge decides on the paperwork. A hearing suits cases where someone may disagree or time matters.

For a hearing, a copy of the filed package must be served on the OPGT at least 30 days before the hearing date. Notice of the application must be personally served on the adult. The Court may dispense with service if notifying the adult would be harmful to the adult.

Anyone who does not support the application can ask for a hearing and must attend it. OPGT staff speak with the adult, contact proposed decision-makers about background checks, and prepare a court report. The Court may decide without a hearing if no one asks for one and it considers a hearing unnecessary.

Timing, cost and special situations

Alberta guidance says an application usually takes about 6 months from submission of ready paperwork until the Court decides. The court filing fee is up to $300, and other costs include the capacity assessment, any legal fees and a background check fee. A Hardship Application for Costs Against the Crown is available.

• Urgent situations: where there is immediate risk, you use Forms 15, 39 and 18 and pay $300. The Court may appoint a temporary guardian for up to 90 days, and a regular application is needed if guardianship is still required afterwards.
• Young people: a minor who will turn 18 within a year can be the subject of an application, and the guidance says to apply as soon as possible after the minor turns 17 so the order is effective at 18.

What to do next

• Confirm current fees, forms and rules on the Alberta government site before you file.
• Check whether a personal directive or enduring power of attorney already exists.
• Book the medical exam, then the capacity assessment, and note the date so it stays within 6 months of filing.
• Decide whether you also need trusteeship for finances.
• Gather references and arrange your criminal record and reference checks.
• Choose a desk application or hearing, and plan how the adult will be personally served.
• Speak with a lawyer if anyone may disagree or the situation is urgent.

Once appointed, a guardian 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. The guardian must also give copies of the court order to the adult, interested parties and the OPGT.

Frequently asked questions