Adult Guardianship and Trusteeship Act

The Adult Guardianship and Trusteeship Act replaces the 30-year-old Dependent Adults Act. It was developed following a review of the Dependent Adults Act and the Personal Directives Act. The review included consultations with more than 4,300 Albertans.

The Adult Guardianship and Trusteeship Act is built on four guiding principles:

• an adult is presumed to be able to make decisions until the contrary is determined;
• the ability to communicate verbally is not a determination of capacity, the adult can communicate by any means that allows them to be understood;
• a focus on autonomy - providing help with the least-intrusive and least-restrictive approach; and
• decision making support that focus on the best interests of the adult and how the adult would have made the decision if capable.

There are approximately 11,000 adults in Alberta who have a public or private guardian. The Office of the Public Guardian acts as guardian for over 2,000 adults, and private guardians act as a guardian for adults.

Highlights of the legislation

Decision- making options

• Supported decision-making: if an adult has the capacity to make their own decisions but they would like some help, they can sign a form that authorizes someone they trust to be their supporter. The adult can give their supporter legal permission to access information that might otherwise be protected under privacy laws. The supporter might also help the adult through the decision-making process and communicate the decision, if necessary, on behalf of the adult.

• Co-decision-making: is an alternative to full guardianship for adults whose ability to make decisions is significantly impaired, but who can make decisions with good support and guidance. With a co-decision-making order, the assisted adult must agree to the arrangement and to the person who is appointed as their co-decision-maker. The decision to grant a co-decision-making order is made by the Court.

• Guardianship: if an adult lacks the capacity to make personal decisions, the Court may appoint a guardian to make decisions for them. A guardian can make decisions is areas such as health care, where the adult can live, who the adult associates with, social activities, education, employment, legal matters or any other personal matters. The decision to grant a guardianship order is made by the Court.

• Specific decision-making: is designed to provide timely and effective decision-making services for adults who do not have the capacity to provide informed consent for health care decisions. Health care providers may select someone from a ranked list of family members to make the decision for the adult.

Trusteeship
If an adult lacks the capacity to make their own financial decisions, the Court may appoint a trustee or the Office of the Public Trustee as a last resort. The new legislation also allows individuals who live outside Alberta to be trustees, with appropriate safeguards.

Capacity assessments
The new legislation also made important changes to the model used to assess an individual’s decision-making ability. The capacity assessment process is more standardized and rigorous. These changes protect an individual’s rights while providing clearer guidance for the health care professionals conducting assessments. Additionally, the Court application process has been changed to ensure that the proposed represented adult’s views are heard and made available to the Court.

Protective measures
The legislation also includes more protective measures including enhanced screening of a new co-decision maker, guardian or trustee. There is also a formal complaint and investigation process. Interested persons, including the assisted or represented adult, can submit a written complaint to the Office of the Public Guardian. If the complaint is about the Public Guardian or the Public Trustee, an independent investigator will be appointed.

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To call toll free within Alberta dial 310-0000.

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