How to Become the Legal Guardian of an Adult in Alberta

When an adult can no longer make decisions about health care, where they live or who they spend time with, families often wonder how to step in. In Alberta, the formal route is a court-ordered guardianship, and it is meant to be considered after gentler options.

This article explains who can apply, what the capacity assessment involves, how notice and the court process work, and what to expect for time and cost.

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. Finances are handled through a separate process called trusteeship, and you can apply for both at once.

The Court gives a guardian authority only over the personal matters it considers necessary. The order is therefore tailored, not a blanket transfer of every decision.

If the adult already has a personal directive, the Court may not give a guardian authority that the named agent can exercise unless the agent's authority is terminated. Where the directive has clear and relevant instructions, the guardian must follow them.

Consider the alternatives first

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

• Supported decision-making
• A personal directive
• Specific decision-making, which lets a nearest relative decide on listed matters if they have been in contact with the adult in the previous 12 months
• Co-decision-making

Capacity itself is the ability to understand the information relevant to a decision and to appreciate the reasonably foreseeable consequences of the decision or of making none. An adult is presumed to have capacity until the contrary is determined.

Who can apply and who can be guardian

Any interested person may apply, which includes 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. The Alberta government 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 guardian, but only in limited circumstances.

The capacity assessment

A guardianship application must include a capacity assessment report about the adult. Physicians and psychologists can do these assessments, and certain trained and approved health professionals, such as registered nurses, psychiatric nurses, social workers and occupational therapists, can be designated capacity assessors.

Before the assessment, a doctor must give the adult a medical exam to rule out a temporary or reversible condition. The assessor's form is valid for 6 months and must be dated within the 6 months before the application is submitted. Disagreeing with a decision does not by itself mean a person lacks capacity.

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 itself.

Forms, notice and the hearing

You choose between a desk application and an application with a hearing.

A desk application uses Form 14 (Application), Form 15 (Affidavit of Applicant), Form 32 (Guardianship Plan), Forms 24 and 26 (consents of the proposed guardian and alternate) and Form 30 (Personal References), and a hearing application adds Form 17 (Notice of Application and Hearing).

Notice must be personally served on the adult, although the Court may dispense with service if notifying the adult would be harmful to them. For a hearing, you must notify all interested parties, and a copy of the filed package must be served on the OPGT at least 30 days before the hearing date.

Anyone who does not support the application can ask for a hearing and must attend it. The Court may decide without a hearing if no one asks for one and it considers a hearing unnecessary.

Time, cost and what to do next

The Alberta government says an application usually takes about 6 months from submission of ready paperwork until the Court decides, and the court filing fee is up to $300. Other costs include the capacity assessment, any legal fees and a background check fee, and a Hardship Application for Costs Against the Crown is available. Fees, forms and assessor rules can change, so confirm current details before you file.

For an urgent order where there is immediate risk, a different set of forms (15, 39 and 18) and a $300 fee apply, and the Court may appoint a temporary guardian for up to 90 days. A regular application is needed if guardianship is still required afterwards.

• Ask whether a personal directive, supported or co-decision-making would work instead
• Arrange the medical exam and capacity assessment, keeping the 6-month window in mind
• Confirm the proposed guardian and alternate will consent and can pass background checks
• Decide between a desk application and a hearing
• Speak with a lawyer if family members disagree

Frequently asked questions