The proposed legislation would replace the 30-year old Dependent Adults Act and is the result of a review that included a consultation with over 4,300 Albertans. It addresses what happens when an adult no longer has the capacity to make personal or financial decisions.

“Bill 24 responds to what we heard from Albertans. It ensures people who need help making decisions get the right support at the right time, allowing them to retain as much independence as possible,” said Mary Anne Jablonski, Minister of Seniors and Community Supports.

“This legislation offers Albertans who need assistance in making decisions with options for help and support,” said Alison Redford, Minister of Justice and Attorney General, the ministry responsible for the Office of the Public Trustee. “It will also include new safeguards to protect these vulnerable people who no longer have the capacity to make decisions related to their well-being or finances.”

Highlights of Bill 24 include:

• increasing the number of choices available to people who need assistance to make decisions, including allowing a competent adult to name a supporter who can assist in decision making, communicate decisions and access the supported adult’s personal information;  
• introducing a new process to screen potential co-decision makers, trustees and guardians;
• enabling the Office of the Public Guardian and the Office of the Public Trustee to investigate complaints about co-decision makers, trustees and guardians; and
• standardizing the process to assess an individual’s capacity to make decisions.

Bill 24 was introduced in the legislature on June 2 and has been referred to the all-party Standing Committee on Health for review. The Adult Guardianship and Trusteeship Act will complement the Personal Directives Amendment Act, expected to be proclaimed this spring. The Personal Directives Act allows Albertans to prepare written instructions in case they become incapable of making those decisions later.

The report and recommendations stemming from the review of the Dependent Adults Act and the Personal Directives Act is available online at www.seniors.gov.ab.ca/opg.