THIS IS A LEGAL APPLICATION TO THE COURT OF QUEENS BENCH

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.

Who is a Guardian?

A Guardian is an individual who has the legal authority and responsibility to oversee non-financial, personal matters on behalf of their represented adult. In order to become a Guardian, they must consent to act and must agree to represent the best interests of the dependent adult while acting with diligence and good faith.

Who is a Represented Adult in a Guardianship Order?

With respect to a Guardianship Order, a represented adult (or dependent adult) is a person whose non-financial interests are represented by a Guardian. For an individual to qualify as a represented adult, they must be a resident of Alberta who has reached the age of majority (eighteen years). They must also lack the capacity to make decisions for themselves. This could be because they suffer from a mental disability, a brain injury, a chronic mental illness, or a similar condition.