ADULT GUARDIANSHIP AND TRUSTEESHIP ACT - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Statutes of Alberta , 2008 Chapter Current as of May 27, 2013 ADULT GUARDIANSHIP AND TRUSTEESHIP ACT Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation.

2 Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only.

3 The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the ADULT GUARDIANSHIP and TRUSTEESHIP Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments ADULT GUARDIANSHIP and TRUSTEESHIP Act ADULT GUARDIANSHIP and TRUSTEESHIP .. 219/2009 .. 37/2010, 96/2010, 164/2010, 178/2011, 170/2012.

4 62/2013, 232/2018, 56/2019, 83/2020 ADULT GUARDIANSHIP and TRUSTEESHIP (Ministerial).

5 224/2009 .. 47/2010, 77/2012, 11/2019, 90/2020 Transitional (Applications Made in Conformity with the Dependent adults Act; Certificates of Incapacity) .. 218/2009 .. 37/2010, 233/2018 ADULT GUARDIANSHIP AND TRUSTEESHIP ACT Chapter Table of Contents Part 1 Interpretation 1 Definitions 2 Principles Part 2 Decision-making.

6 GUARDIANSHIP and TRUSTEESHIP Division 1 Supported Decision-making 3 Application of Division 4 Supported decision-making authorization 5 public guardian and public trustee may not be supporter 6 Recognition of decision 7 Termination of supported decision-making authorization 8 Effect of Court order 9 Access to personal information 10 Liability Division 2 Co-decision-making 11 Interpretation 12 Application of Division 13 Co-decision-making order 14 Persons eligible to be co-decision-maker 15 public guardian and public trustee may not be co-decision-maker 16 Appointment of multiple co-decision-makers 17 Terms of co-decision-making order 2008

7 Chapter 2 ADULT GUARDIANSHIP AND TRUSTEESHIP ACT 18 Authority and duties of co-decision-maker 19 Payment to co-decision-makers 20 Application to Court for opinion, advice or direction 21 Review of co-decision-making order 22 Access to personal information 23 Liability Division 3 GUARDIANSHIP 24 Interpretation 25 Application of Division 26 GUARDIANSHIP order 27 GUARDIANSHIP order in urgent cases 28 Persons eligible to be guardian 29 Appointment of public guardian as guardian 30 Appointment of guardian other than proposed guardian 31 Appointment of multiple guardians 32

8 Appointment of alternate guardian 33 Terms of GUARDIANSHIP order 34 Authority of guardian 35 Duties and responsibilities of guardian 36 Death or incapacity of guardian 37 Payment to guardian 38 Order to give effect to decision 39 Application to Court for opinion, advice or direction 40 Review of GUARDIANSHIP order 41 Access to personal information 42 Liability Division 4 TRUSTEESHIP 43 Interpretation 44 Application of Division 45 Jurisdiction 46 TRUSTEESHIP order 47 Duty of public trustee to inquire into alleged need for trustee 48 Order in urgent cases 49 Persons eligible to be trustee 50 Appointment of public trustee as trustee 51

9 Appointment of trustee other than proposed trustee 52 Appointment of multiple trustees 53 Appointment of alternate trustee 54 Terms of TRUSTEESHIP order 55 Property subject to TRUSTEESHIP order and authority of trustee 2008 Chapter 3 ADULT GUARDIANSHIP AND TRUSTEESHIP ACT 56 Duties and responsibilities of trustee 57 Standard of care 58 Deposit account 59 Investments 60 Gifts 61 Will of represented ADULT 62

10 Property to be kept separate 63 trustee s accounts 64 Death or incapacity of trustee 65 Death of represented ADULT 66 Payment to trustee 67 Property that is the subject of a bequest 68 Application to Court for opinion, advice or direction 69 Reimbursement of represented ADULT 70 Review of TRUSTEESHIP order 71 Determination of incapacity without appointment of trustee 72 Access to personal information Division 5 Foreign Orders