Discover the difference the right Guardianship and Trusteeship Lawyers can make
If a person becomes mentally incapable of making decisions, that person’s family, or in some cases the Government of Alberta, will need to obtain a court order known as a guardianship order. The document allows an appointed guardian to make non-financial decisions on behalf of the dependent adult, and it typically takes between 12-24 weeks to receive approval from the court.
The represented adult, or the dependent adult, is the person whose non-financial interests are represented by a guardian. You must be a resident of Alberta who has reached at least 18 years of age before a guardianship order can be issued for your care. You must also lack the capacity to make decisions for yourself, whether it’s because you suffer from a mental disability, a brain injury, a chronic mental illness, or a similar condition.
As a guardian, you would have the legal authority and the responsibility to oversee non-financial, personal matters on behalf of the represented adult. You must consent to act as guardian and agree to represent the best interests of the dependent adult while acting with diligence and good faith. If you wish to represent a dependent child who has yet to turn 18, you can submit the application up to 12 months before the child turns 18.
While guardianship orders are meant for personal or health care matters, trusteeship orders can help infirm or incapacitated people manage their finances by appointing a trustee. A family member, friend, trust company, or lawyer can apply to become a trustee.
A trusteeship order allows someone else to make financial decisions on your behalf. This only happens when you are considered mentally incapable of deciding for yourself.
When you become a trustee, the court gives you the legal authority to make financial decisions for the represented adult. If no one is available to become a trustee, the Government of Alberta can provide a public trustee when it is in the adult’s best interest.
Estate Connection represents both dependent adults and trustees. Allow the best Guardianship Trustee lawyers in Edmonton to help you apply for these court orders and get the best possible chance for approval. Contact us today to learn more about how one of our guardianship trustee lawyers can help you understand guardianship orders, trusteeship orders, and the many other options available to help you protect your assets.
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