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Decision-making authority
If an adult isn’t capable of making decisions, they may be vulnerable. 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
- aren’t capable of making personal decisions
- may be vulnerable because of a permanent or temporary disability or illness
- don’t have a personal directive and needs someone to make decisions for them
Minors who will need an adult guardian
- 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 when the minor is 17.
Types of decisions
Guardians can make personal, non-financial decisions about:
- healthcare
- living arrangements
- education
- social activities
- employment
- legal proceedings
Guardians can’t make decisions about:
- finances
- organ donation
- 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
Trusteeship
For legal authority to make financial decisions for an adult, learn about trusteeship.
You can apply to become both a guardian and a trustee at the same time.
Is guardianship needed
If the adult is able to make decisions with proper support, co-decision-making might be a better option.
An adult can’t have a guardian if they have a personal directive.
How long does it take
To become a guardian, it usually takes 3 to 6 months before the:
- paperwork is finalized
- court makes a decision
If the situation is urgent:
- contact the Office of the Public Guardian and Trustee (OPGT)
- an order can usually be approved within a week
The court appoints a temporary guardian who has the authority to make decisions for up to 90 days.
Is there a cost
Legal fees
If you use a lawyer to complete your application, they can charge legal fees.
Capacity assessment
You need to get a capacity assessment done to determine whether the adult can make their own decisions. The capacity assessor may charge a fee for the assessment.
Court filing fee
You pay a court filing fee of $250 when you submit your application.
Background check fee
There is a fee to check the background of each proposed decision maker. You will get more information about the background check process and the fee after you submit your application.
If these costs are a financial hardship for you, contact the OPGT.
Choosing a guardian
A guardian should:
- have regular contact with the adult
- have a personal concern for the adult’s well-being
- live close to the adult
- be aware of the adult’s values and beliefs
Who can be a guardian
The guardian must:
- be over 18 years old
- consent to being a guardian
- have a close and trusting relationship with the adult – like a:
- family member
- close friend
When there’s no one else
If no one is willing or available to help, the OPGT may become the guardian when it’s in the adult’s best interests.
To make a referral to the OPGT, fill out this form:
OPGT Referral (PDF, 389 KB)
Your role as an adult's guardian
As a guardian, you’re authorized to assist with or make decisions for the adult. This means you:
- encourage the adult to be as independent as possible
- monitor any services the adult receives
- advocate for any services the adult needs
- ensure the adult’s rights are protected
Guidance and support
During the decision process, you provide guidance and support to the adult by:
- gathering information and asking questions
- including the adult as much as possible
- keeping records of decisions
- making a guardianship plan
- providing informed consent for the adult
Accountability
As a guardian you’re accountable for decisions made for the adult. You must:
- act diligently and in good-faith
- act in the adult’s best interest
- be aware of potential conflicts
- respect the adult’s dignity and privacy
- act in the least intrusive and least restrictive way possible
Become an adult's guardian without a hearing
Follow this process if:
- you don't think your application will be opposed
- your application isn't time sensitive
With this process:
- you don’t have to appear in court
- the judge makes a decision based on the information you submit
You may need a lawyer for this complicated process.
Step 1. Get a capacity assessment
Have a professional assess whether the adult can make decisions on their own. This is called a capacity assessment. It can be completed by a:
- physician
- psychologist
- designated capacity assessor
The capacity assessment must be dated sometime in the 6 months before you submit your application.
Step 2. Fill out the application forms
If you want to apply for guardianship
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
If you want to apply for guardianship and trusteeship
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 34: Trusteeship Plan (PDF, 115 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 27: Consent of Proposed Trustee (Individual) (PDF, 34 KB)
Form 29: Consent of Proposed Alternate Trustee (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
Form 37: Inventory (PDF, 94 KB)
You may complete the Inventory at the same time as your application OR you can undertake to complete the Inventory within 6 months after the Trustee Order ahs been granted.
You may need a lawyer and an accountant to prepare the trusteeship application.
Step 3. Submit your application package
Your application package is made up of the documents from the above steps:
- capacity assessment
- application forms
When you submit your application:
- include a cheque or money order for the $250 court filing fee made out to the Government of Alberta
- don’t include cash
- your cheque won’t be cashed for 30 to 50 days
If you put the application package together on your own:
- submit your application to your local OPGT office
After you apply
A review officer from the OPGT will:
- contact each proposed or alternate decision maker about the background check and cost
- meet with the adult to ask them what they think about the application
- prepare a report for the court
- send a copy of the letter to you
- send a letter to:
- the people listed as interested parties in the application
- anyone else they think should know about the application
If someone doesn’t support your application, they can request a court hearing to oppose it.
Become an adult's guardian with a hearing
Follow this process if:
- you think your application will be opposed
- your application is time-sensitive
With a hearing:
- you or your lawyer must appear in court
- the application is discussed before a judge
- the judge makes a decision by considering the:
- comments of the people at the hearing
- information in the application package
You may need a lawyer for this complicated process.
Step 1. Get a capacity assessment
Have a professional assess whether the adult can make decisions on their own. This is called a capacity assessment. It can be completed by a:
- physician
- psychologist
- designated capacity assessor
The capacity assessment must be dated sometime in the 6 months before you submit your application.
Step 2. Fill out the application forms
If you want to apply for guardianship
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
Form 17: Notice of Application and Hearing (PDF, 70 KB)
If you want to apply for guardianship and trusteeship
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 34: Trusteeship Plan (PDF, 115 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 27: Consent of Proposed Trustee (Individual) (PDF, 34 KB)
Form 29: Consent of Proposed Alternate Trustee (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
Form 37: Inventory (PDF, 94 KB)
You may complete the Inventory at the same time as your application OR you can undertake to complete the Inventory within 6 months after the Trustee Order ahs been granted.
Form 17: Notice of Application and Hearing (PDF, 70 KB)
You may need a lawyer and an accountant to prepare the trusteeship application.
Step 3. Submit your application package
Your application package is made up of the documents from the above steps:
- capacity assessment
- application forms
When you submit your application:
- include a cheque or money order for $250 court filing fee made out to the Government of Alberta
- don’t include cash
- your cheque won’t be cashed for 30 to 50 days
You or your lawyer:
- submit your application to the clerk of the Court of Queen’s Bench
- set a hearing date
- notify all the interested parties
A copy of the application package you filed with the court must be served to the OPGT at least 30 days before the hearing date. If you:
- are working with a lawyer, they’ll do this for you
After you apply
A review officer from the OPGT will:
- contact you with information about the background check and cost
- meet with the adult to ask them what they think about the application for guardianship
- prepare a report for the court
- send a copy of the report to you
You’re responsible to notify all interested parties about the hearing date.
When adult guardianship is granted
Copies of the court order are sent to:
- you
- the adult
- other interested parties
The court order names:
- the guardian
- any alternative guardians
- the areas the guardian has authority
It may also include a guardianship review deadline.
Decision-maker notices
If you’re a family member or friend of an adult who needs support, you’ll be notified by mail when someone files an application to become or continue being a guardian.
After you get a notice, you’ll have the option to:
- support the application by ignoring the notice
- oppose the application by responding to the notice
Video
Publications
Guardianship: Adult Guardianship and Trusteeship Act
Guardianship: General Overview
Guardianship: Making Decisions on the Represented Adult’s Employment
Guardianship: Making Decisions on the Adult’s Participation in Education or Training
Guardianship: Making Decisions on the Represented Adult’s Health Care
Guardianship: Making Decisions on Legal Proceedings for a Represented Adult
Decision-Making Options: Adult Guardianship and the Trusteeship Act