Ready to discuss the next step?
Guardianship & Trusteeship
Form 4 Capacity Assessments for Personal and Financial
Decision-Making
A Guardianship or Trusteeship application in Alberta may require an assessment of the adult’s decision-making ability when capacity is at issue. A guardian may be authorized to make personal decisions. A trustee may be authorized to make financial decisions. The authority required should reflect the adult’s actual decision-making abilities and needs.
Personal Decision-Making
A Guardianship assessment may consider decision-making in areas relevant to the adult’s circumstances, including:
-
Health care
-
Accommodation and living arrangements
-
Safety
-
Education or vocational matters
-
Employment
-
Social activities and relationships
-
Legal matters
-
Other personal decisions relevant to the adult’s circumstances
Financial Decision-Making
A Trusteeship assessment examines the adult’s ability to understand and manage financial matters relevant to their circumstances.
-
Income and expenses
-
Banking
-
Bills and recurring obligations
-
Assets and debt
-
Budgeting
-
Financial agreements
-
Financial risk
-
Vulnerability to exploitation
-
Ability to recognize when assistance is needed
The Assessment Process
1. Referral and Intake
Information is gathered regarding the reason for the assessment, current circumstances, relevant health information, existing decision-making arrangements and areas of concern.
2. Relevant Records
Previous assessments, medical information, psychological or educational reports, existing court orders and other relevant documentation may be reviewed when available.
3. Interview With the Adult
The adult is interviewed directly. The assessment is adapted, where reasonably possible, to the person’s communication abilities, environment and support needs.
4. Collateral Information
Information may be obtained from family members, caregivers, support workers, health-care providers or other people with relevant knowledge, with appropriate authority or consent.
5. Capacity Assessment Report
Findings are integrated into the applicable Capacity Assessment Report.
Reviews and Regained Capacity
A review may be appropriate when:
-
An existing Guardianship or Trusteeship order requires review
-
There has been a significant change in functioning
-
An adult believes they have regained capacity
-
A less restrictive decision-making arrangement may now be appropriate
The Least Restrictive Approach
Guardianship is not the only personal decision-making option available in Alberta. Depending on the adult’s abilities and circumstances, alternatives may include supported decision-making, co-decision-making, a Personal Directive or other arrangements.
Assessment considers whether the adult can continue to participate in decisions and whether support can preserve independence.