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Financial authority
If an adult isn’t capable of making financial decisions, they may be vulnerable. When you become a trustee, the court gives you legal authority to make financial decisions for them. A trustee:
- uses the adult’s money to pay their:
- bills
- care
- education
- manages their investments
- applies for the adult’s financial benefits like Old Age Security
A trustee can be a:
- family member
- friend
- trust company
- public trustee
Trustees can't make decisions about personal matters like:
- medical treatment
- where the adult lives
Adult guardianship
For legal authority to make personal, non-financial decisions for an adult, learn about Adult guardianship.
You can apply to become both a trustee and a guardian at the same time.
Is trusteeship needed
If the adult has limited financial assets and only needs help managing income from a government program or pension, such as Old Age Security, informal trusteeship might be a better option.
An adult with an enduring power of attorney agreement doesn’t need a trustee; however, some agreements end when an adult loses their capacity to make decisions. Read the agreement carefully.
How long does it take
To become a trustee, 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 trustee who:
- has the authority to make decisions for up to 90 days
- can preserve and protect property
- can’t sell property
Real estate
A trustee must have specific permission from the court to sell the adult’s:
- home
- other real estate
If you know you’re going to have to sell property, you can include this in your application.
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.
Trusteeship review
When you become a trustee, the court may ask for a trusteeship review in the future.
When there's no one else
If no one is willing or available to help, or to have the OPGT become the public trustee when it’s in the adult’s best interests, fill out this form:
Referral form (PDF, 356 KB)
Become a trustee without a hearing
This is called a desk application. 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 and an accountant to prepare the trusteeship application if the adult:
- owns land
- has multiple bank accounts
- has investments
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 trusteeship
Download the guide to applying for trusteeship (PDF, 196 KB).
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 34: Trusteeship Plan (PDF, 115 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 has been granted.
If you want to apply for trusteeship and guardianship
Download the guide to applying for adult guardianship and trusteeship (PDF, 213 KB).
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 has been granted.
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 report 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 a trustee with a hearing
Follow this process if:
- you think your application will be opposed
- your application is time-sensitive
- the adult has a variety of financial assets
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 and an accountant to prepare the trusteeship application if the adult:
- owns land
- has multiple bank accounts
- has investments
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 trusteeship
Download the guide to applying for trusteeship (PDF, 196 KB).
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 34: Trusteeship Plan (PDF, 115 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 has been granted.
- Form 17: Notice of Application and Hearing (PDF, 39 KB)
If you want to apply for trusteeship and guardianship
Download the guide to applying for adult guardianship and trusteeship (PDF, 213 KB).
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 has been granted.
- Form 17: Notice of Application and Hearing (PDF, 70 KB)
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
You or your lawyer:
- submit your application to the clerk of the Court of Queen’s Bench
- set a hearing date
- notify all the parties involved
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 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 report to you
You’re responsible to notify all interested parties about the hearing date.
When trusteeship is granted
Copies of the court order are sent to:
- you
- the adult
- other interested parties
The court order identifies:
- the trustee
- any alternative trustees
- the areas the trustee has authority
It may also include a:
- trusteeship review deadline
- date for examination and approval of trusteeship accounts
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 trustee.
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
Publications
Decision-Making Options: Adult Guardianship and the Trusteeship Act
Tips for Newly Appointed Trustees
Checklist: What to bring to your appointment (PDF, 380 KB)