What Is a Co-Decision-Maker Under Alberta Adult Guardianship Law?

When an adult in your family is struggling with decisions, guardianship can feel like the only option. It is a court order, and it takes decision-making authority away from the adult in the areas it covers.

Alberta law has lighter options. This article looks at where co-decision-making and supported decision-making fit among the lighter options, and it points out what to confirm with a lawyer before you start, since how they apply depends on your situation.

This article covers the law of Alberta.

Where co-decision-making fits

Before applying for guardianship, Alberta's government guidance says to consider alternatives. For personal matters it lists supported decision-making, a personal directive, specific decision-making and co-decision-making.

This is not just a suggestion. A 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.

What the options mean in plain words

Alberta's guardianship information lists co-decision-making and specific decision-making as options for personal matters, and these are different from guardianship, which is a court order that gives a guardian authority over only the personal matters the Court considers necessary. They are different from guardianship, where a guardian acts, decides and gives consents on the personal matters the court grants.

Specific decision-making is a related option. It lets a nearest relative decide for an adult on listed matters, and a nearest relative must have been in contact with the adult in the previous 12 months.

The exact powers, duties and terms of a co-decision-making or supported decision-making arrangement depend on the order and the facts. A lawyer can confirm what applies to your family.

Capacity, and who can ask for an assessment

Capacity is about a particular decision. It means the ability to understand the information relevant to the decision and to appreciate the reasonably foreseeable consequences of the decision or of not making one. An adult is presumed to have capacity until the contrary is determined.

A capacity assessment looks at whether the adult understands the facts to consider and what could happen with each option. Disagreeing with a decision does not by itself mean the person lacks capacity.

• The adult, a relative, a legal representative, or a person with a close and substantial personal relationship may request an assessment for specific decision-making.
• Physicians and psychologists can do capacity assessments, and certain trained and approved health professionals 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.

Time limits and costs for the assessment

The assessor's form is valid for 6 months for co-decision-making, guardianship or trusteeship applications, and it must be dated in the 6 months before the application is submitted. Start the assessment only when you are close to applying.

Assessment fees are capped by regulation. The Alberta page lists up to $500 for co-decision-making, and applicants in financial hardship can contact the OPGT. Fees can change, so confirm the current amount.

What to do next

• Write down which decisions the adult needs help with, such as health care, housing or finances.
• Ask whether help from family, a personal directive or an enduring power of attorney could meet those needs.
• Talk with the adult about who they trust to help them.
• Ask a doctor about the adult's health and whether a temporary condition could be affecting them.
• Speak with a lawyer about whether co-decision-making, supported decision-making or another route suits your situation.

Frequently asked questions