Decision Making Options Under AGTA
The Adult Guardianship and Trusteeship Act (AGTA) offers options to support adult Albertans who need assistance making personal and/or financial decisions.
Options for Personal Matters
If an adult has the capacity to make their own decisions but they would like some help, they can sign a form that authorizes someone they trust to be their “supporter”. The adult can give their supporter legal permission to access relevant information that might otherwise be protected under privacy laws. The supporter might also help the adult think through the decision-making process and communicate decisions, if necessary.
A supported decision-making authorization would be helpful for capable individuals who face complex personal decisions, people whose first language is not English and people with mild disabilities.
If an adult’s ability to make decisions is significantly impaired but they can make decisions with good support, a co-decision-making order may be an alternative to guardianship. With a co-decision-making order, the adult and their co-decision-maker make decisions together. The adult must agree to the arrangement, as well as the person who is appointed as their co-decision-maker. Co-decision-making is appropriate for family and close friends.
If an adult lacks the capacity to make personal decisions, the Court may appoint a guardian to make personal decisions for them. A guardian can make personal decisions for the adult, depending upon the adult’s needs. Usually a family member or friend applies for guardianship, but if no one is willing or available the Office of the Public Guardian can perform that role.
Health care providers (physicians, nurse practitioners or dentists for dental care only) may use specific decision-making to allow a relative to make a one-time decision on behalf of an adult who lacks capacity. Decisions are restricted to specific areas: health care treatment or temporary admission to or discharge from a residential facility.
Options for Money Matters
If an adult lacks the capacity to make their own financial decisions, the Court may appoint a trustee. Usually the trustee is a family member or friend, but the Office of the Public Trustee can be appointed as a last resort.
The Trusteeship Self Help Kit is available below or through the Office of the Public Guardian or the Office of the Public Trustee.
Self Help Kit - Court Application Forms
- Trusteeship Order - Desk Application
- Trusteeship Order - Application by Hearing
- Review of Trusteeship Order - Desk Application
- Review of Trusteeship Order - Application by Hearing
- Review of Trusteeship Order – by Other Person
The Office of the Public Guardian is committed to supporting individuals and families as the AGTA is introduced. Please contact us with any questions you may have.
