The Office of the Public Guardian and Trustee (OPGT) in Alberta is a vital government agency with a primary role of protecting vulnerable individuals who cannot make personal, financial, or legal decisions independently. The OPGT provides essential services like adult guardianship and trusteeship services and estate management, ensuring that the rights, well-being, and finances of these individuals are safeguarded according to the Personal Directives Act, the Adult Guardianship and Trusteeship Act and the Mental Health Act.

Elderly individuals with dementia, adults with developmental disabilities or severe mental health conditions, and young adults aging out of foster care are among those who can benefit from the Office of the Public Guardian and Trustee’s support. It is crucial in preventing neglect, abuse, and exploitation, stepping in where family or support networks may be limited, and ensuring that Albertans of all backgrounds receive the protection and advocacy they need.

Learn more about how they can help here.

Guardianship Services

The Office of the Public Guardian and Trustee in Alberta can be appointed as a legal guardian for adults who lack the mental capacity to make decisions about their personal lives. Guardianship is necessary when individuals are unable to make choices about their health care, living arrangements, or social interactions due to conditions like dementia, brain injury, or developmental disabilities.

As a guardian, the OPGT has the authority to make decisions such as consenting to medical treatments, choosing an appropriate living facility, and advocating for the person’s social and recreational activities. The primary goal is to ensure that the individual’s rights are protected and their quality of life is maintained.

Trusteeship Services

The Office of the Public Guardian and Trustee may also be appointed as a trustee for individuals who cannot manage their own financial affairs, or where there are no suitable family members or others to act as a trustee. This role involves overseeing the person’s income, assets, and expenses to ensure that their financial needs are met. The OPGT handles tasks like paying bills, managing investments, and safeguarding assets to prevent financial abuse or exploitation.

Fees may be deducted from the assets or income of the property or person under trusteeship or from the estate being administered. However, if the individual has limited assets or income, the Office of the Public Guardian and Trustee may waive or reduce fees to ensure that essential services are still provided.

Capacity Assessment Information

A capacity assessment is a formal evaluation used to determine if a person can make decisions regarding personal, health, or financial matters. The Office of the Public Guardian and Trustee provides information and guidance about how to prepare and arrange for a capacity assessment if there are concerns about someone’s ability to make decisions.

Capacity assessments are typically needed when someone is believed to lack the ability to manage personal or financial affairs. It is crucial for legal purposes, especially in guardianship or trusteeship cases, where a court must decide if the person requires a legal guardian or trustee to make decisions on their behalf. If the fee for a capacity assessment puts you under financial strain, then the OPGT may be able to help.

Complaints

Complaints can be filed with the Office of the Public Guardian and Trustee by concerned family members, friends, or professionals who believe a guardian, trustee, or agents approved under the personal directives may not be acting in the best interest of their counterpart. To file a complaint, the individual should provide specific details about the concerns or incidents, any relevant documentation or evidence of wrongdoing or neglect, and contact information for follow-up.

Once a complaint is filed, the Office of the Public Guardian and Trustee investigates and takes appropriate actions to resolve the situation, ensuring the rights and well-being of the vulnerable person are protected. In cases where the issues are severe, the OPGT may take the matter to court to have the guardian, trustee, or agent replaced by court order.

Education And Advance Planning

The Office of the Public Guardian and Trustee in Alberta plays a key role in supporting individuals with advance planning. They offer resources and guidance for creating legal documents that protect personal and financial decisions in the event of future incapacity. This support empowers individuals to take control of their future care and financial security, ensuring their preferences are respected if they become incapacitated.

They encourage individuals to create personal directives and enduring powers of attorney and offer wills and estate planning guidance. This is all in an effort to empower individuals to take control of their future care and financial security, ensuring their preferences are respected if they become incapacitated.

They can also support individuals by pointing them in the right direction of forms they might need for things like co-decision-making orders. However, The Office of the Public Guardian and Trustee cannot provide specific legal advice. Therefore, contact a law firm if you have questions about your specific circumstance.

Court Support

Under the Adult Guardianship and Trusteeship Act in Alberta, the Office of the Public Guardian and Trustee fulfills specific responsibilities assigned to Review Officers for court applications involving co-decision-making, guardianship, and trusteeship.

As part of this role, the OPGT’s Review Officer is responsible for engaging with the adult involved in the application process. This involves meeting with the individual to discuss their current situation, needs, and preferences, as well as assessing their ability to make decisions related to personal care, health care, and finances.

The Review Officer then completes a detailed report for the court, documenting findings from the assessment, observations on the adult’s capacity, and any specific recommendations regarding the type of support needed. Unlike a capacity assessment, which strictly evaluates mental capacity, the Review Officer’s role provides a broader context to help the court make informed, respectful decisions that protect the adult’s dignity and well-being.

Registry Services

The Office of the Public Guardian and Trustee also administers the Personal Directives Registry and the Adult Guardianship and Trusteeship Registry on behalf of the Government of Alberta.

The Personal Directives Registry in Alberta is a secure registry where Albertans can voluntarily register their personal directives. The registry allows authorized healthcare professionals, emergency responders, and family members access to key details of a personal directive, like the contact information of the appointed agent, in emergencies.

At our law firm, we understand the importance of safeguarding your future. We’re here to help you implement the Office of the Public Guardian and Trustee’s recommendations by creating essential documents, such as enduring powers of attorney, personal directives, and comprehensive estate planning.

We also help Albertans with Guardianship and Trusteeship applications who want to be appointed as a Guardian or Trustee for their loved one. Reach out to us today to secure your future. Get in touch to get started today.