This booklet gives general information only, not legal advice. It is not a do-it-yourself guide. For that, you need a more detailed self-help publication or legal advice.
Instrument of protection or instrument of abuse? The Adult Guardianship and Trusteeship Act is unjust legislation that disregards citizenship rights and violates the Charter of Rights and Freedoms. The proclamation of this Act opens the floodgates of the financial abuse of thousands of Alberta citizens and human rights abuses on an unprecedented scale.
Academic journal article Health Law Review. This article briefly outlines the general provisions regarding decision-making and some related issues under the two Acts. The Act is grounded in guiding principles focused on a presumption of capacity, autonomy and "best interests" decision making, which includes consideration of the wishes, values and beliefs the adult held while capable.
If an adult does not have a personal directive or enduring power of attorney and then becomes or is incapable of managing his or her personal and financial matters, another individual must step in to manage things. The Act contains five parts. The first covers definitions and the guiding principles of the Act.
The Centre for Public Legal Education Alberta produces and distributes booklets and pamphlets that explain the law in plain language. Topics areas include: Landlord and tenant; Real estate; Wills and estates; Registered charities; Elder abuse; and Law-related education materials for schools. Publications are available to download as PDFs or print copies may be ordered.
Designation of health professions health care providers. Part 1 General. Capacity assessment.
We manage these applications from start to finish so you can focus on your family. Our group will draft all the paperwork, deal with the various government offices, and any needed court applications. From the first meeting to the day you receive the court order our focus is to make this process as painless as possible.
Home Legal Services Guardianship and Trusteeship. This summary is not intended to be a comprehensive description of the Guardianship and Trusteeship Act, nor is it intended to provide legal advice. If you have any questions, feel free to contact our office by phone or online. Under the AGTA, there are four options regarding personal decision making, created to reflect the needs of four different individuals.
From a complex settlement to a simple conveyance, any number of files can involve the Office of the Public Guardian and Trustee. On December 1,part 2. Assessments of incapability require a medical component and a functional component.
The decision making arrangements contemplated under the AGTA may be useful for individuals requiring varying levels of support including adults with language or communication difficulties, adults living with lifelong mental impairments and senior citizens struggling with dementia or other cognitive impairments. In order for a Guardian and Trustee to be appointed, an application must be made to the Court for a Guardianship and Trusteeship Order. In situations where an adult lacks the mental capacity to make decisions regarding their own personal matters, he or she may benefit from the appointment of a Guardian. In order to apply to the Court for a Guardianship Order, a doctor or other designated Capacity Assessor must complete a Capacity Assessment Report stating that the adult lacks the capacity to make decisions about personal matters.