As of October 2009 the Adult Guardianship and Trusteeship Act replaced the Dependent Adults Act. The new act provides more flexibility in assisting adults who need support when making personal or financial decisions. The new act provides for a continuum of decision making, allowing adults to keep making personal decisions for a longer period of time with the support of family members. There are five areas of decision-making options:
1. 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.”
2. Co-decision making: If an adult’s ability to make decisions is significantly impaired but they can make decisioins with good support, a co-decision-making order may be an alternative to guardianship. With a co-decision-making order, the adult and their co-decision-maker make decisions together.
3. Guardianship: If an adult lacks the capacity to make personal decisions the Court may appoint a guardian to make personal decisions for them. A guardian can make decisions in some, but not necessarily all, areas of authority, depending on the adult’s needs.
4. Specific Decision-making: Health care providers (physicians, nurse practitioners, dentists for dental care only) may use specific decision-making to allow a relative to make a one-time decision on behalf of an adult who lacks capacity. Decisions are restricted to specific areas: health care treatment or temporary admissioin to or discharge from a residential facility. Health care professionals have the necessary forms.
5. Trusteeship: If an adult lacks the capacity to make their own financial decisions, the Court may appoint a trustee. Usually the trustee is a family member or friend but the Public Trustee can be appointed as a last resort.
To apply to be a guardian or a trustee, the forms are available from the Public Guardian 403.297.3364. For more information check out the website at www.seniors.ab.ca/opg
