G U A R D I A N S H I P   A N D   T R U S T E E S H I P

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Guardianship Order

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Trusteeship Order

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GUARDIANSHIP AND TRUSTEESHIP

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Guardianship Order

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Trusteeship Order

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Overview


In situations where an individual loses capacity without creating a Power of Attorney or Personal Directive, or in situations where an individual never had the legal capacity to prepare these estate documents, Guardianship and Trusteeship orders must be submitted.

These Orders are essentially applications made to the Court of Queen’s Bench of Alberta to appoint a responsible adult (a Guardian or Trustee) to assist with the personal and financial decisions of a represented adult (also known as a dependent adult). If there are no family members or friends willing to take on this role, the Public Guardian may be appointed to make personal decisions regarding the represented adult’s care and living arrangements; similarly, the Public Trustee may be appointed to manage the represented adult’s financial matters. 

Our office has experience assisting Guardians, Trustees and represented adults with the application process. Should you have any questions, please do not hesitate to contact our team; we are here to help.


Guardianship Orders


If an individual becomes mentally incapable of making personal or health-related decisions, their family (or in some cases, the Government of Alberta) will need to obtain a Guardianship Order from the court. This document allows an appointed Guardian to make non-financial decisions on behalf of the dependent adult.


Trusteeship Orders


If an individual becomes mentally incapable of making financial decisions, their family (or in some cases, the Government of Alberta, a friend, lawyer or trust company) will need to obtain a Trusteeship Order from the court. This document allows an appointed Trustee to make financial decisions on behalf of the dependent adult.