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Calgary Guardianship Lawyers

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Calgary Guardianship Lawyers

Calgary guardianship lawyers are the men and women lawyers of Calgary, Alberta who handle the guardianship matters for people in the Calgary area. If someone close to you has lost their mental capacity then you will want to obtain the advice and assistance of a guardianship lawyer.

The Adult Guardianship and Trusteeship Act of Alberta came into force on October 30, 2009 and applies throughout Alberta, including in Calgary. It is the new law that deals with guardianship matters. It replaces the former Dependent Adults Act.

The Adult Guardianship and Trusteeship Act empowers the Court of Queen’s Bench to appoint a person as a Guardian of another person, if that other person is mentally incapacitated. The guardian is usually a relative or close friend who is familiar with the adult in question.

The legislation allows for the appointment of the Public Guardian in certain situations. The Public Guardian is an office of the Provincial government. The Public Guardian only gets involved if there is no family member or other interested party who is appropriate or willing to take on the responsibility of being the guardian of the represented adult.

Despite the fact that the Dependent Adults Act has been replaced, any Orders made under that act continue to be in force under the new act by virtue of section 117(2) of the Adult Guardianship and Trusteeship Act.

Once appointed, a guardian is empowered to make certain decisions on behalf of a represented adult. Depending on the situation these decisions might include decisions about the adult’s participation in certain activities, consents regarding health care and decisions as to where the represented adult will live.

A legal guardian is accountable to the Court of Queen's Bench for decisions made on behalf of the represented adult. Furthermore, any interested party can ask the Court for a review of a guardianship order at any time. This includes the represented adult.

Guardians cannot make decisions about anything related to financial matters unless they are also appointed as a trustee of the represented adult. It is fairly typical to have both appointments made at the same time. This was true under the Dependent Adults Act as well.

A Calgary Guardianship Application
A guardianship application is an application to the Court of Queen's Bench of Alberta. If you are considering becoming a guardian you will want to discuss all aspects of the procedure with your Calgary guardianship lawyer.

You will need to find out whether the proposed represented adult has a Personal Directive in place, and if so what it says. Your lawyer can help you with this. If there is a personal directive in place then a guardianship application may not be necessary.

You will also want to find out whether the proposed represented adult has a Will and if so where the original, signed copy of that will might be located. Your Calgary guardianship lawyer is also an Calgary wills and estates lawyer and can advise you as to the validity of the signed will.

The three main component of a Guardianship application include:

a “Guardianship Plan”,
a “Capacity Assessment Report”, and
a “Review Office Report”. A certified capacity assessor must complete the Capacity Assessment Report.

Some applications can be made as “desk applications” and others require a “notice of hearing”. The full text of the Adult Guardianship and Trusteeship Act can be viewed online at the Queen’s Printer.

Your Calgary guardianship lawyer will be able to help you with all these matters and can streamline the whole process for you. They have experience under the former Dependent Adults Act and as well under the new Guardianship and Trusteeship Act.

If someone close to you has become mentally incapacitated then you will want to talk to a guardianship lawyer.

Calgary guardianship lawyers must be registered and in good standing with the Law Society of Alberta.

It is important, in considering who your Calgary guardianship lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary. They should have an office in Calgary which is staffed full time and has been there for some time.

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