Have you ever wondered what happens when someone can’t make important decisions for themselves? Whether it’s a child or an adult facing serious health challenges, in Canada, that’s where a legal guardian steps in.

A legal guardian is someone who has the legal authority, usually granted by a court, to make decisions on behalf of another person, known as a ward. In Canada, legal guardianship generally falls into three key categories: guardianship for minors, guardianship for incapacitated elderly individuals, and guardianship for disabled adults. A legal guardian takes over when the person is a minor (under the age of majority) or when an adult is unable to manage on their own due to a disability, illness, or age-related issues. It’s a significant responsibility and a vital role for those who need protection and support.

Legal Guardian Meaning

A legal guardian is an individual who has the legal authority and responsibility to care for and make decisions on behalf of another person who is unable to do so themselves. This role is often granted by a court of law. It applies in situations involving minors (children under the age of majority) or adults who are incapacitated due to age, illness, or disability.

A legal guardian is empowered to make personal decisions in the best interest of the person under their care. Guardianship ensures that vulnerable individuals have someone legally responsible for their well-being, rights, and day-to-day needs.

In Alberta, legal guardianship for a child typically ends when the child turns 18 unless a court determines that continued guardianship is necessary due to the child’s ongoing incapacity or special needs.

Responsibilities of a Legal Guardian

A legal guardian’s role carries both rights (decision-making authority) and responsibilities (duties to the ward). These are defined by law to protect the ward’s best interests. Key responsibilities and rights, including aspects of legal custody, are as follows.

Making Key Life Decisions

Guardians have the authority to make essential personal decisions on behalf of their ward. For minor children, this includes choices about where they live, the school they attend, medical decisions, religious upbringing, and more. In Alberta, section 21 of the Family Law Act lays out these powers, covering nearly every aspect of a child’s life, including representing the child in legal matters.

For adults, guardianship covers non-financial personal decisions like healthcare, living arrangements, social involvement, education, and employment. However, adult guardians cannot automatically handle a person’s finances or property matters; those require a trustee or power of attorney.

Meeting Daily and Long-Term Needs

A core part of guardianship is ensuring the ward’s everyday needs are met. For children, this means that guardians have the legal responsibility to provide essentials such as food, clothing, shelter, and medical care for the minor child in their care. Alberta law goes further by requiring guardians to nurture a child’s physical, psychological, and emotional development with an eye toward helping them grow into independent adults.

Adult guardians also play a crucial role in making sure the adult under their care has their personal care and living needs addressed. This could include arranging medical treatment or suitable housing.

Prioritizing the Ward’s Best Interests

Guardians are legally obligated to act in the best interests of the person they are caring for. This guiding principle shapes every decision.

For children, their physical, emotional, and mental health and education must always come first. For adults, Alberta’s Adult Guardianship and Trusteeship Act (AGTA) requires guardians to act honestly, in good faith, and with the adult’s well-being in mind. Guardians are also expected to promote the adult’s independence as much as possible, intervening only to the extent necessary.

Understanding the Limits of Authority

Although guardians have broad authority over personal matters, there are legal boundaries. For example, a child’s guardian cannot make decisions about a ward’s financial assets unless granted that power by the court.

Similarly, adult guardians in Alberta are not authorized to manage money or property. That responsibility falls to a trustee or an attorney with financial power of attorney. There are also strict legal restrictions; for example, guardians cannot consent to the adult ward marrying or divorcing, cannot unilaterally decide to end life, relinquish parenting rights on behalf of their ward, and more. In all cases, courts can limit or define the scope of a guardian’s authority and legal relationship through specific orders.

Acting as a Legal Representative

Guardians can act on behalf of their ward in various legal and administrative matters. This includes accessing confidential information, such as school or medical records, and being consulted on significant decisions. Guardians can also initiate or respond to some legal proceedings for their ward, like filing a lawsuit in some cases or agreeing to a legal settlement on a child’s behalf (with court approval).

In certain cases, guardians of minors have additional rights. For example, they can consent to a child’s marriage (between ages 16 and 18) or approve an adoption.

Who Can Be a Legal Guardian and How Do You Prove It?

Legal guardianship in Canada applies to a range of family and non-family relationships, depending on the needs of the individual, whether a child or an incapacitated adult. While biological or adoptive parents are often the default guardians, Canadian law provides formal guardianship proceedings for others to assume guardianship when needed. Regardless of the situation, proving legal responsibility requires proper documentation to confirm authority.

Biological Parents

Biological parents are typically the legal guardians of a child from birth and will have legal custody of the child. In Alberta, the birth mother is automatically recognized as a guardian. The biological father is presumed to be a guardian if he was married to or cohabiting with the mother at the time of the child’s birth or if he acknowledged paternity and took on a parenting role. Guardianship continues unless a court alters this arrangement. In most cases, a child’s birth certificate listing the parents’ names is sufficient proof of guardianship.

Adoptive Parents

Adoptive parents gain full legal guardianship upon the completion of the adoption process. They have the same legal rights and responsibilities as biological parents. Adoptive parents must be at least 18 years old and undergo screening processes, including background checks and home assessments. A finalized adoption order from the family court or a certificate typically serves as proof of guardianship.

Non-Parent Family Members

Grandparents, adult siblings, aunts, uncles, or cousins may be appointed as guardians if the child’s parents are unable to care for them due to death, illness, or unfitness. In Alberta, any adult who has had actual care and control of a child for at least six months can apply for guardianship under the Family Law Act. The applicant must be at least 18 and able to demonstrate that guardianship is in the child’s best interest in the family court. Proof of guardianship requires a court-issued Guardianship Order.

Step-Parents or New Partners

A step-parent or parent’s new partner may become a legal co-guardian, especially if they have taken on a consistent parental role. In Alberta, a child can have more than two guardians, and courts may approve such arrangements if they support the child’s well-being. The individual must be at least 18 years old and either enter into a legal agreement or receive a court appointment. A court order or legal guardianship agreement will be needed to verify guardianship in official matters.

Testamentary Guardians (Named in a Will)

A minor’s parents can appoint a guardian in their will to care for their child if they die or become incapacitated. This appointment takes temporary effect immediately after the parent’s death, but the individual must apply to the court for formal recognition as the child’s legal guardian. In such cases, both the will and a court order may be required to confirm the appointment.

Court-Appointed Non-Family Member Guardians

If no family member is available or suitable, a court can appoint a non-relative, such as a family friend or foster parent, as guardian. The applicant must be at least 18 years old and show a meaningful relationship with the child. Proof of guardianship comes in the form of a formal Guardianship Order issued by the court during guardianship proceedings.

Public Guardians

When no private individuals are willing or able to serve as guardians, the government may step in. In Alberta, the Office of the Public Guardian and Trustee (OPGT) can be appointed as a professional guardian for children in foster care or adults who lack capacity and have no capable relatives or friends to help. These professional guardians are authorized through official court appointments.

Guardians for Incapacitated Adults

Adults who lose decision-making capacity due to illness, disability, or aging may require a legal guardian. Typically, a spouse, adult child, parent, or sibling assumes this role. The guardian must be at least 18 years old and prove to the court that they are acting in the adult’s best interest. In Alberta, appointments are made under the Adult Guardianship and Trusteeship Act, and proof of guardianship is provided through a court-issued order.

Temporary or Emergency Guardians

In urgent situations, such as parental illness, abandonment, or unexpected incapacity, the court may appoint a temporary guardian. These appointments are meant to provide immediate care and support and may later transition to permanent guardianship. A temporary Guardianship Order is required as proof of authority in such cases.

Joint or Multiple Guardians

More than one person may share guardianship responsibilities. This is common in separated or blended families where, for example, both biological parents and a step-parent may jointly hold legal authority. Regardless of the division, all guardians are entitled to enough information and time with the ward to fulfill their duties and must work together in the ward’s best interest.

Estate Planning and Family Lawyers

If you’re considering becoming a guardian or need help navigating a guardianship matter, our experienced legal team is here to guide you every step of the way. We’ll help you understand your responsibilities, prepare the necessary documents, and advocate for the best interests of your loved one. Whether you’re caring for a child, an elderly parent, or an adult with special needs, we’ll ensure your guardianship arrangement is legally sound and tailored to your situation.

Our firm also provides full support in family law matters, including parenting orders, custody agreements, and co-guardianship arrangements. Beyond guardianship, we can help you protect yourself and your family’s future through comprehensive will and estate planning, including appointing testamentary guardians, preparing end-of-life directives, and setting up a power of attorney. Contact us today for a confidential consultation, and let us help you put the right legal safeguards in place for your children, your dependents, and yourself.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.