Decision-making authority
An adult who has lost the capacity to make decisions needs support. A court order is needed for someone to help the adult by acting as:
- an adult guardian for their personal decisions
- an adult trustee for their financial decisions
- both guardian and trustee for all their decisions
When you become a guardian, the court gives you legal authority to make personal decisions for them.
Who needs a guardian
Adults who need a guardian
- are 18 years of age or older
- have had a capacity assessment completed that indicates they lack capacity to make personal decisions
- less intrusive and less restrictive options are not likely to be effective
- may be vulnerable because of a permanent or temporary disability or illness
- do not have a personal directive and need someone to make personal decisions for them
Minors who will need a guardian when they become adults
- will be 18 years old in the next year
- will need someone to make their personal decisions after they become an adult
If you want the court order to go into effect when the minor turns 18, you must apply as soon as possible after the minor turns 17.
Just because someone disagrees with an adult’s decisions does not mean they do not have the ability to make their own decisions. If they fully understand the impact of a decision, they are probably capable of making it.
Types of decisions
Guardians can make personal, non-financial decisions about:
- healthcare
- where to live
- who to associate with
- participation in educational, vocational and other training
- participation in social activities
- employment
- legal proceedings
Guardians cannot make decisions about:
- finances
- sterilization
Depending on the adult’s needs, a guardian might only be needed for some decisions.
The court decides:
- what types of decisions the guardian can make
- if a guardianship review will be needed
Is guardianship needed?
You may want to look into other options for personal decision-making, such as:
Trusteeship
You may also want to consider financial decision-making options, such as:
You can apply to become both a guardian and a trustee at the same time.
How long will it take
A guardianship application usually takes 6 months – from the time your paperwork is ready to be submitted to court – before the court makes a decision.
Urgent situation
Call 911 for a situation where someone is at immediate risk of death or physical harm.
If the decision is urgent – an immediate risk of death or serious physical or mental harm – you can apply for an urgent order.
Before you apply, ensure the decision is truly urgent and take into account other considerations by reviewing this document:
Urgent Guardianship and Trustee Orders
To apply for an urgent order:
Step 1: Fill out the forms
You must fill out these forms:
Form 15: Affidavit of Applicant
Form 39: Notice of Application and Hearing
Step 2: File your documents
You or your lawyer:
- file your application with the clerk of the Court of King’s Bench
- set a hearing date
- send a Notice of Application and Hearing to all the interested parties
When you file your application
You will need to pay a $250 court filing fee when you file your application.
Payments can be made at the courthouse either:
- electronically, through a credit or debit card
- by a cheque or money order made out to the Government of Alberta, included with your application
If you are working with a lawyer, your lawyer will help you with this.
The court may appoint a guardian who has the authority to make decisions for up to 90 days. If the adult still requires guardianship decision making, an initial guardianship application will be required.
Cost
There are costs for different parts of this process:
- legal fees – if you use a lawyer to complete the application
- capacity assessment – charged by the capacity assessor for the completion of the assessment
- court filing fees – up to $250 for the court to process your documentation
- background check fee – for the background check to be completed so the results can be provided to the court with your application
If the costs of an AGTA court application are a hardship for the applicant and adult, the applicant can apply to have some of the costs covered by the Government of Alberta.
- If financial hardship has been indicated on the AGTA application, a Hardship Application for Costs Against the Crown form will be sent to the applicant to fill out.
- Complete the Hardship Application for Costs Against the Crown form and submit it with supporting documentation
Requirements to be a guardian
To be a guardian, you must:
- be 18 years of age or older
- consent to being a guardian
- consider the views and wishes of the adult
- have a relationship with the adult
- be available to make decisions
- not have a conflict with the adult
- complete a criminal record check and reference checks – following the OPGT’s process
When there is no one else
If no one is willing or available to help, the OPGT may become the guardian when it is in the adult’s best interests.
To make a referral to the OPGT, fill out this form:
PDF form issues
Fillable PDF forms do not open properly on some mobile devices and web browsers. To fill in and save the form:
- Save the PDF form to your computer – click or right-click the link and download the form.
- Open the PDF form with Adobe Reader. Fill it in and save it.
If you are still having problems opening the form, contact PDF form technical support.
Your responsibilities as an adult's guardian
As a guardian, you are authorized to make decisions for the adult. This means you also have a responsibility to:
- act in the adult’s best interest
- be diligent and act in good faith
- encourage the adult to be as independent as possible
- act in the least intrusive and restrictive manner (that is effective)
- inform the adult of important decisions that are made
- keep a record of the decisions that are made
A guardian has a responsibility to:
- only access information that has been authorized and is needed for a decision
- keep personal information about the adult safe from unauthorized access, use or disclosure
Apply to be an adult’s guardian
To be an adult’s guardian – and to ensure you follow the correct process and complete the correct paperwork – you need to consider which way to apply:
- You need to consider which decisions the adult needs assistance with:
- personal decisions only (guardianship)
- personal and financial decisions (guardianship and trusteeship)
- You need to decide to apply without a hearing (desk application) or with a hearing:
| Without a Hearing (Desk Application) | With a Hearing |
|---|---|
|
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- You need to decide to apply for one of these options:
- guardianship – desk application
- guardianship and trusteeship – desk application
- guardianship – with a hearing
- guardianship and trusteeship – with a hearing
To start the application process
Select the one option below that best meets the adult’s situation:
When a court order is granted
The newly-appointed guardian is legally responsible to provide a copy of the court order to:
- the adult
- other interested parties
- the OPGT
Read the court order carefully to learn:
- who has been appointed
- what authority has been granted
- when the order needs to be reviewed
- any other provisions