Adult Guardianship and Trusteeship

If, by some misfortune, you become incapable of managing your affairs, someone else must take on that responsibility. You can prepare for that possibility in advance by making legal documents (Personal Directive and Power of Attorney) that assign someone to handle these decisions. If you have not made these documents, someone will have to be assigned by the court to manage your affairs. In Alberta, the Adult Guardianship and Trusteeship Act (AGTA) describes the process for doing this. In addition, if you are losing some decision-making ability, but are not completely incapable, this Act describes some other options for assistance with decisions. The resources on this page were hand-picked by the Centre for Public Legal Education Alberta's staff as a good place to start.

Adult Guardianship and Trusteeship

This online resource from Alberta Human Services provides information about the Adult Guardianship and Trusteeship Act (AGTA) which came into force on October 30, 2009. It includes information about the various decision-making options under the Act, and has sections specifically for private guardians, service providers and legal professionals. There is also a roster of designated capacity assessors.

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Adult Guardianship and Trusteeship Act in Alberta

This booklet produced by the Centre for Public Legal Education Alberta is for people who either: find themselves, or a loved one, in a state of diminished mental capacity and are interested in exploring joint decision-making options; or have a loved one who has lost capacity and must set up Guardianship and Trusteeship for that person. This 32 page PDF is available for download.

 

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Alberta Supports Centres

Alberta Supports can help you access more than 30 programs and 120 community services for:

  • seniors
  • employment
  • homelessness
  • financial needs
  • children and youth
  • parents and families
  • people with disabilities
  • guardianship and trusteeship
  • abuse, bullying and family violence prevention

You can apply online or call for assistance. Help is available in more than 100 languages.

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Canadian Centre for Elder Law (CCEL)

Created by the BC Law Institute, the Canadian Centre for Elder Law is a national, non-profit body dedicated to exploring the particular legal issues which affect older Canadians through research, law reform, and education. CCEL has published plain language materials on these topics targeting health care practitionners, non-profit organizations, and the general public.

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Family Mediation Services (Alberta Courts)

Family Mediation Services offers free information and assistance with: bringing applications in Provincial (Family) Court concerning custody, access and private guardianship of children; mediation services to assist families in resolving parenting issues, e.g. custody, access, private guardianship and child support; courses to improve parenting skills and communication between parents who are living apart; and other court-directed services intended to aid in resolving parenting disputes.

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Office of the Public Guardian and Trustee - Complaints

Complaints | How it works. If you have a serious concern, you can file a written complaint with the Office of the Public Guardian and Trustee. If it meets the criteria, it can be investigated. If you have a serious concern, you can file a written complaint about a:  co-decision-maker, guardian, trustee, personal directive agent. If your complaint meets the criteria, the Office of the Public Guardian and Trustee can open an investigation.These criteria are set in law. They’re from the Adult Guardianship and Trusteeship Act and the Personal Directives Act.

 

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Office of the Public Guardian and Trustee (Alberta)

The Office of the Public Guardian (OPG) provides decision-making mechanisms for individuals who are unable to make personal, non-financial decisions for themselves. The OPG does this through the Personal Directives Act, the Adult Guardianship and Trusteeship Act and the Mental Health Act. The OPG also administers the Personal Directives Registry and the Adult Guardianship and Trusteeship Registry.

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Seniors and the Law: A Resource Guide (3rd ed.)

This handbook from Alberta Civil Liberties Research Centre provides information on a range of legal subjects of interest to seniors (people who are 65 years of age and older). It is written in “plain English” and is intended as a basic resource for seniors, their friends, relatives and advocates. In a question-answer format, the handbook provides an overview of issues facing seniors, including abuse, mental health, guardianship and trusteeship, personal directives, powers of attorney and consumer protection. Includes a glossary and list of senior-serving agencies in Alberta. (PDF – 150 pages, 2010)

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