If you become incapable of managing your affairs and you have not prepared an enduring power of attorney or a personal directive while you were capable, a trustee and guardian may be appointed. Even if you have made future plans with an enduring power of attorney or a personal directive, circumstances may arise that were not foreseen in those documents. It may then become necessary for a trustee or guardian to be appointed to deal with those specific matters.

• Guardians are appointed to make personal decisions that include medical treatment and health care.
• Trustees are appointed to make decisions about financial affairs. This would include decisions about property, investments, business, and income.
• Public Guardians and Public Trustees are senior government officials who will in certain cases act as guardian or trustee for you when there is no one else willing or able to act.

The same person could be a guardian and trustee.

If it becomes necessary to appoint a guardian or trustee for you, the guardian or trustee will possess great power over your life. In some cases issues of abuse of power by the guardian or trustee may become relevant. It is therefore important to understand how the offices of guardian and trustee are created, the duties and responsibilities they have, and how their conduct can be reviewed.

Guardianship

• A guardian is appointed by court order after an application has been reviewed.
• The application must include a report from a physician or psychologist.
• Application must be done by an adult who is concerned about your welfare.
• A guardian must be an adult who has agreed to act as a guardian.
• Once appointed, he or she has the authority to make decisions in matters stated in the court order such as living arrangements and health care.

Trusteeship

• A trustee is appointed by court order after an application has been reviewed.
• The application must be made by an adult who is concerned about your welfare.
• A trust corporation or the Public Trustee may also be appointed as a trustee.
• A trustee must be an adult who has agreed to act as a trustee.
• Once appointed, he or she has the authority to make decisions relating to financial matters stated in the court order, such as investing, as authorized in the Trustee Act, and transferring property.

Return to When Your Wishes Are Not Made Known Legally

Updated: November 7, 2003
© Legal Resource Centre of Alberta Ltd. 2002
OAK-Net: Abuse of Older Adults
Funded by the Alberta Law Foundation.