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Guardianship is the legal authority to make personal or property decisions on behalf of another person who cannot make those decisions for themselves. In Chestermere, like the rest of Alberta, guardianship issues for adults and children are governed by provincial legislation and decided by Alberta courts. For adults, guardianship is intended for people who lack the capacity to make certain decisions about their personal care or finances. For children, parental guardianship and parenting decision disputes fall within family law rules and child protection legislation.
Guardianship is a serious legal responsibility. When a court appoints a guardian, that person is tasked with acting in the best interests of the represented person, and they must follow court-imposed duties and reporting requirements. Many people in Chestermere seek guardianship orders when there is no valid power of attorney or personal directive in place, or when the existing decision-making arrangements are insufficient or contested.
Guardianship matters often involve complicated legal, medical and factual issues. A lawyer can help in these common situations:
- Applying to the court to become a guardian or responding to an application for guardianship.
- Challenging or defending capacity assessments or the need for guardianship.
- Interpreting or preparing advance planning documents such as personal directives and powers of attorney for property to avoid guardianship.
- Handling disputed guardianship applications between family members, caregivers or public bodies.
- Navigating emergency or temporary orders where a person is at immediate risk and urgent decisions are needed.
- Advising on the scope of a proposed guardianship order, duties of a guardian, reporting obligations, and limits on decision making.
- Assisting with the management, protection or transfer of an adult’s property, including interactions with financial institutions and trustees.
Because courts give guardians broad authority that can significantly affect a person’s liberty and financial affairs, legal representation helps ensure that the application is properly prepared, supporting documents are in order, and the person subject to the application has meaningful opportunity to be heard.
Several Alberta statutes and local institutions are relevant to guardianship matters affecting Chestermere residents. Key points to understand include:
- Adult Guardianship and Trusteeship Act - This statute sets out how guardianship and trusteeship for adults who lack capacity are established, the responsibilities and duties of guardians and trustees, and the process for court applications and reviews.
- Personal planning instruments - In Alberta, people can use personal directives to name someone to make personal decisions and powers of attorney to name someone for property and financial decisions. Properly executed personal directives and powers of attorney can prevent the need for a court-appointed guardian or trustee.
- Family Law Act and child protection laws - For children under 18, parental guardianship, custody and parenting matters are governed by family law. Child protection actions and interventions are governed by different statutes when children are at risk.
- Court jurisdiction - Courts in Alberta, including provincial courts and the Court of King’s Bench, handle guardianship and related applications. The exact court and procedure may vary depending on whether the matter concerns an adult lacking capacity or family and child matters.
- Capacity assessments - Applications commonly require medical or psychological evidence assessing a person’s decision-making capacity. Health care professionals in the Calgary region or local primary care providers typically conduct these assessments.
- Role of the Public Guardian and Trustee - The Public Guardian and Trustee in Alberta may become involved if there is no suitable private guardian or where the public interest or minor children are affected. The office also provides oversight, and sometimes acts as a trustee for property.
- Alternatives and reviews - Courts prefer less restrictive alternatives to guardianship when possible, such as supported decision-making, temporary orders, or limited guardianships. Orders can be reviewed, varied or terminated if circumstances change.
A guardian generally makes personal care decisions for an adult, such as health care, residence and daily living arrangements. A trustee or trustee of property handles financial and property decisions. In many cases different people can be appointed to these roles, and the court may separate the functions to suit the needs of the person lacking capacity.
To start, gather medical evidence about the person’s capacity, identify the decisions that need to be made, and arrange legal advice. An application is filed with the appropriate Alberta court. The court process includes notice to the person subject to the application and to certain family members, and may require a hearing. A lawyer can prepare and file documents, arrange capacity assessments and represent you at court.
The court can make a guardianship order without the person’s consent if the evidence shows the person lacks capacity for the relevant decisions and a guardianship order is necessary to protect their health, safety or property. The person subject to the application has the right to be notified, to obtain legal counsel, and to challenge the application.
Yes. Courts can make temporary or emergency orders when a person is at immediate risk of harm or financial loss. These orders are generally time-limited and require a follow-up process to decide longer-term arrangements. Legal advice is important to obtain emergency relief properly and to meet procedural requirements.
The duration depends on the terms of the order. Some guardianship orders are indefinite until changed by the court, while others are limited in scope or duration. Guardianship can be reviewed, varied or terminated if the person’s capacity improves or circumstances change.
Guardians must act in the best interests of the person, consult with them as much as possible, keep appropriate records, avoid conflicts of interest, and follow any reporting or accounting requirements imposed by the court. Failure to fulfill duties can lead to legal consequences, including court removal from the role.
Guardians for personal care typically do not have authority over major financial transactions unless also appointed as trustee or given explicit authority. Trustees or those with powers of attorney for property can manage finances, but must do so prudently and in the person’s best interests. Some transactions may require court approval.
Personal directives and powers of attorney allow individuals to appoint trusted decision-makers before losing capacity. If a valid directive or power of attorney exists and is applicable, the court may not appoint a guardian or trustee. These documents are often the preferred and less intrusive solution compared to court-ordered guardianship.
The Public Guardian and Trustee may become involved if no private guardian or trustee is suitable or available, if conflicts of interest exist among family members, or if public oversight is necessary to protect the person or their property. The office also has duties to protect minors and manage certain estates.
Costs vary depending on the complexity of the case, whether there is litigation, the need for capacity assessments, court filing fees and lawyer fees. Emergency or contested matters are typically more expensive. Some people may qualify for legal aid or low-cost services; others may seek limited-scope legal help to reduce costs. Ask potential lawyers for an estimate and billing structure during an initial consultation.
For help and information about guardianship in Chestermere and the surrounding region, useful resources include provincial government bodies, local community services and legal support organizations. Consider contacting:
- The provincial office that manages guardianship and trusteeship matters for information on public oversight and procedures.
- Alberta Justice and court administration for procedural information about filing and attending court in the Calgary region.
- Legal Aid providers and community legal clinics to check eligibility for assistance with guardianship or family law matters.
- Local Family and Community Support Services in Chestermere for community supports, referrals and caregiver resources.
- Health professionals in the Calgary region who can conduct capacity assessments when required for court applications.
- The Law Society or a lawyer referral service to find a private lawyer experienced in guardianship and elder law matters.
If you believe guardianship may be necessary, take these practical steps:
- Gather documents - Collect identification, medical records, financial statements, any existing powers of attorney or personal directives, and contact information for family members and health care providers.
- Seek legal advice - Book a consultation with a lawyer who handles guardianship, elder law or family law in Alberta. Prepare questions about process, costs, timelines and alternatives.
- Consider alternatives - Ask about personal directives, powers of attorney, supported decision-making arrangements and informal family agreements that may avoid court intervention.
- Obtain capacity assessments - If an application is likely, arrange for qualified health professionals to assess the person’s decision-making capacity in the relevant areas.
- Review emergency options - If the person is at immediate risk, discuss emergency or temporary court orders with your lawyer to secure urgent protection.
- Keep the person involved - Wherever possible, involve the person whose decisions are at issue. Courts prefer the least restrictive option and will consider the person’s wishes and abilities.
Guardianship is a significant legal remedy and should be approached with careful planning and legal guidance. Early legal advice can help protect the person’s rights and wellbeing while ensuring decisions are made transparently and responsibly.
