Guardianship and Trusteeship Lawyer in Edmonton

You can technically file for guardianship without a lawyer, but Alberta’s guardianship process involves complicated requirements—including obtaining a Capacity Assessment Report (Form 4), completing the detailed Form 14 Application documents, and navigating service obligations and affidavit filings under the Adult Guardianship and Trusteeship Act.

Handling all this yourself often leads to costly mistakes, court delays, and increased frustration. Having experienced guidance allows you to focus on your loved one’s care instead of struggling through dense paperwork and procedural hurdles.

You deserve clarity about fees from the very beginning. Depending on your specific circumstances, we can often structure fees as a flat rate. That means you don’t have to face the uncertainty of hourly legal fees.

Plus, we provide transparent, competitive pricing designed to ease financial stress, allowing you to focus on what truly matters: supporting your loved one.

To get an estimate of fees for your guardianship or trusteeship matter, speak to our lawyers.

Timelines can vary based on your loved one’s situation. If your matter is straightforward, obtaining guardianship orders can take around six months (at the time of writing). However, if there are complicating factors or disputes, the process might extend further.

Discuss your circumstances with our lawyers to understand timelines and get an estimate of how long it may take for you to get guardianship.

Guardianship or trusteeship? Knowing the specific responsibilities and limitations of each role ensures you can effectively protect your loved one’s personal and financial interests.

As a Guardian:

Make personal decisions regarding your loved one’s living arrangements, healthcare, education, social activities, employment, and personal relationships, preserving their dignity and well-being.

As a Trustee:

Manage your loved one’s finances—handling everything from daily expenses, bills, accommodation, and care fees, to financial planning and education costs.

Ensure responsible oversight of financial resources, clearly separating financial responsibilities from personal care decisions.

The responsibilities depend on the nature of the order as well. With supported decision-making your loved one maintains decision-making authority, with your support. With co-decision-making, decisions to be made jointly, giving you shared authority but also shared accountability.

A guardian is appointed to make personal decisions for someone who can’t make these decisions independently. This includes decisions about healthcare, living arrangements, social interactions, and daily activities. For example, if one of your parents has developed dementia and can no longer safely manage daily activities or decide where they should live. As their guardian, you’d have legal authority to move them into an assisted-living facility, consent to medical treatments, and manage their day-to-day personal care and social activities.

A trustee specifically manages financial affairs for someone who lacks capacity. This role involves handling bills, managing investments, real estate, pensions, and ensuring financial resources are protected and used appropriately. For example, if your adult brother suffered a sudden brain injury after a car accident, leaving him unable to manage his own finances or pay ongoing bills. As his trustee, you would have authority to manage his bank accounts, pay for his medical and care expenses, and ensure his financial assets are properly protected.

If both personal and financial decisions need management, you may need to apply for both guardianship and trusteeship simultaneously.

In Alberta, Capacity Assessment Reports (Form 4) can be completed by specific healthcare professionals, including physicians, psychologists, occupational therapists, nurses, social workers, or qualified assessors designated by Alberta regulations. You can obtain a Capacity Assessment through:

Private assessors: Independent professionals who provide assessments for a regulated fee—up to $500 for co-decision-making or guardianship/trusteeship, and up to $700 for combined guardianship and trusteeship applications.
Public Institutions: Many hospitals, long-term care facilities, and rehabilitation centres offer assessments through qualified staff as part of their regular services.

Our lawyers will be happy to connect you with reputable professionals for the Capacity Assessment Report.