Dependant Adult

In Alberta, when a person of legal age in unable to make reasonable decisions about their personal care or finances, no one has authority to make decisions on their behalf, except, if:

• the person signed an Enduring Power of Attorney and Personal Directive naming other to make decisions on their behalf before they become unable to make decisions, or
• the Surrogate Court grants an Order declaring the person to be a Dependant Adult and naming a Guardian and Trustee to make decisions for the person.

A Guardian makes decisions about health care, living arrangements, employment, diet and normal day to day decisions about the Dependant Adult.

A Trustee makes financial decisions about income, expenses and property of the Dependant Adult.

If a person requires a Guardian and/or Trustee, an application is made to the Surrogate Court under the Dependant Adults Act. The application can be made by an individual interested in the welfare of the person unable to make decisions. The Surrogate Court must be satisfied that a Dependant Adult Order will be in the best interest of, and result in substantial benefit to, the proposed Dependant Adult.

For further information please contact Richard Davidson, Q.C., Ed Rice, Q.C., Cindee Nyrose or Roy Davidson.