How to Apply for Trusteeship of an Adult's Property in Alberta

When an adult can no longer manage their bank accounts, bills or property, and there is no working enduring power of attorney, someone has to step in. In Alberta, the court-supervised route is called trusteeship.

This article explains who can apply, what the Court must be satisfied of, the forms involved, and the duties a trustee takes on once appointed.

This article covers the law of Alberta.

What trusteeship is, and what to try first

Trusteeship covers finances, while guardianship covers personal decisions, and you can apply for both at once. Informal trusteeship is a less intrusive alternative to court-ordered trusteeship, and the Alberta government says to consider it first.

• Informal trusteeship, which the Alberta government says to consider first
• An enduring power of attorney, as long as the adult was capable of understanding its nature and effect when signing it, since otherwise it is void
• Trusteeship through the Court

If there is no enduring power of attorney, a family member or friend may need to go to court to become trustee.

Who can apply and who can be trustee

An interested person may apply for a trusteeship order. The Court may make an order for an adult who is ordinarily resident in Alberta.

The Court may appoint a trustee if it is satisfied the adult lacks capacity to make decisions about financial matters. Capacity means understanding the information relevant to a decision and appreciating its reasonably foreseeable consequences, and adults are presumed capable until the contrary is determined.

A trustee must be an individual 18 or older who consents to act. If two or more trustees are appointed they must act jointly, and an alternate may be appointed. The Court may appoint the Public Trustee only in the circumstances listed in the Act.

Forms, assessment and notice

Trusteeship applications use Form 14, Form 15, Form 34 (Trusteeship Plan), Forms 27 and 29 (consents of the proposed trustee and alternate) and Form 37 (Inventory). The inventory may be filed with the application or within 6 months after the Trustee Order.

A capacity assessment checks whether the adult can make financial decisions and understand the consequences. A doctor must first give a medical exam to rule out a temporary or reversible condition, and the assessment form is valid for 6 months before the application is submitted. Fees for assessments are capped by regulation, at up to $500 for guardianship or trusteeship and $700 for combined guardianship and trusteeship.

Notice of the application must be personally served on the adult, subject to the exception in the Act. Confirm the current forms and fees before you file, since these can change.

Bonds, urgent orders and duties

The Court may require a trustee to provide a bond or other security. A bond is typically needed for a trustee who is not an Alberta resident, unless the Court waives it.

For an urgent order, the adult must be in immediate danger of serious financial loss. A temporary trustee cannot sell, dispose of or encumber the property, and the Alberta government says authority lasts up to 90 days.

Once appointed, a trustee must act in the adult's best interests and with the care, skill and diligence of a reasonably prudent person. The trustee must keep accounts as the regulations require and, when directed, submit them to the Court for examination and approval.

• Keep the adult's finances separate from your own
• Keep receipts and statements
• File the inventory on time
• Prepare accounts in case the Court directs you to pass them

Review, ending a trusteeship and what to do next

A review of a trusteeship order can be sought at any time, and must happen when the order requires or when capacity changes. 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.

The Court shall terminate a trusteeship if satisfied the person no longer needs a trustee, and it may discharge a trustee for breach of trust or unsuitability. Missing a review date does not end the role, but the review is still required.

• Check whether an enduring power of attorney already exists
• Consider informal trusteeship first
• Book the medical exam and capacity assessment
• Gather bank, property and debt information for the inventory
• Speak with a lawyer if relatives disagree or the estate is complex

Frequently asked questions