A Compulsory Care Order allows a dependent adult to be kept in a place of care for any period of time up to three years. The Order is also authority for the dependent adult to be taken to the place of care, and moved from one place of care to another.
Important changes to the Dependent Adults' Act in 2009. Applying for Compulsory Care Orders Grounds to grant a Compulsory Care Order Review of Compulsory Care Order by court Review by appeal panel Compulsory Care Certificate Review of Compulsory Care Certificate Medical treatment in place of care
Important changes to the Dependent Adults' Act in 2009
Before the end of 2009, the Government of Alberta will bring into force the Adult Guardianship and Trustee Act (AGTA). The AGTA will replace the current Dependent Adults’ Act. Once proclaimed, the AGTA will make important changes to decision-making for adults who lack capacity. As a result, some of the information presented here will soon be outdated. These changes, however, only affect situations where an Enduring Power of Attorney and Personal Directive have not been made.
In brief, the AGTA will do the following:
- Avoid an “all or nothing” approach to mental capacity, by
recognizing different levels of
decision-making ability. - Provide a range of decision-making options that allow adults to receive assistance with personal and financial decisions according to their needs while keeping as much autonomy as possible in their circumstances.
Although these new AGTA options will allow more flexibility in situations where an Enduring Power of Attorney or Personal Directive has not been made, it is still best for a person to have these documents made before any lack of capacity occurs. This will ensure more control over future personal and financial matters and provide greater peace of mind for loved-ones.
More information AGTA, and the choices it provides, can be found on the
Alberta Seniors and Community Supports website at:
www.seniors.gov.ab.ca/services_resources/opg/guardianship/index.asp.
In addition, you can access the current draft of the Act, known as Bill
24 of 2008 at:
www.assembly.ab.ca/bills/2008/pdf/bill-024.pdf
Applying for Compulsory Care Orders
A guardian appointed under the Dependent Adults Act can apply to court for a Compulsory Care Order in respect of a dependent adult.
Notice of the application must be served on the dependent adult and the Public Guardian.
Notice should also be served to:
Grounds to grant a Compulsory Care Order
A court can grant a Compulsory Care Order where it is shown that a dependent adult presents a danger to him- or herself by a medical, psychological, and social assessment. The court must be satisfied that it is in the best interests of the dependent adult to be confined in a place of care, and that a Compulsory Care Order is the appropriate way to ensure that the dependent adult is protected and treated.
Copies of the Compulsory Care Order outlining details of the review process and availability of legal counsel and Legal Aid must be sent by the court to all those who had notice of the application for the Order.
Review of Compulsory Care Order by court
A Compulsory Care Order can be reviewed by a court or by an appeal panel established by the Minister responsible for the Dependent Adults Act.
If the dependent adult, his or her guardian, or any other interested person believes that it is no longer in the best interests of the dependent adult to be confined in a place of care, she or he can apply to court for a review of the Order.
Anyone applying for a review must use the form set out in the regulations to the Dependent Adults Act. Copies of the application for review must be served on the dependent adult and all those who had to be served in an application for the appointment of a guardian, including the guardian. Anyone can file a notice of objection to the review. If there is no notice of objection, the court can consider the matter without a hearing. If there is a notice of objection or the court considers a hearing is necessary, the person applying for a review must then serve notice of the hearing.
In reviewing the Compulsory Care Order, the court will consider whether the conditions under which the Order was originally granted are still applicable.
The court can then change, continue, or cancel the Compulsory Care Order with any conditions or requirements that may be necessary. A copy of the new order is then served upon all parties. A review of the Order cannot be applied for less than six months from the date of the last review.
Review by appeal panel
An appeal panel must review all Compulsory Care Orders every twelve months after they have been made. An application for review to an appeal panel has to also be made by the person in charge of a place of care once any diagnostic and treatment services for the dependent adult have been completed.
If the appeal panel finds that it is no longer in the best interests of the dependent adult to be kept in a place of care, the panel will direct the Public Guardian to apply to court for a review of the Order by the court.
Compulsory Care Certificate
A dependent adult may be resident in a place of care without being subject to a Compulsory Care Order. In that situation, the person in charge of the place of care can issue a Compulsory Care Certificate if they are of the opinion that:
The Compulsory Care Certificate allows the dependent adult to be kept in the place of care for up to seventy-two hours. The person who issues the Certificate must give the dependent adult and her or his guardian a copy within thirty-six hours of it being issued, together with written information about the availability of a review process by the court, and availability of legal counsel and Legal Aid.
Review of Compulsory Care Certificate
If a Compulsory Care Certificate is issued, the person who issued it must apply to court within ninety-six hours for a review of the Certificate. All those entitled to be served with a notice of appointment of a guardian must be served with notice of the review.
The hearing should be held within twenty-eight days of the application unless the court orders otherwise. In the meantime, further certificates for the detention of the dependent adult can be issued, but they will all be subject to review at the same time by the court.
The court will consider whether the certificates were issued with the best interests of the dependent adult; and whether the dependent adult was a danger to him- or herself, or to others.
The court can then:
Medical treatment in place of care
A person in charge of a place of care must ensure that every dependent adult,
who is there under a Compulsory Care Order or Certificate, receives any
diagnostic or treatment services required, which the facility can provide.
The medical services must be assessed every three months. The facility must
also ensure that the level of security is provided to confine the dependent
adult.
Updated: October 1, 2003
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© Legal Resource Centre of Alberta Ltd. 2002
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