What information does the court need for this application?

The information required is very similar to that needed for a guardianship order. The judge will want to know:

• Does the person really need a trustee?
• Is it in the best interests of that person to have a trustee appointed?
• Has the person signed an enduring power of attorney in favour of anyone?
• Is the person proposed as trustee an adult; a resident of Alberta; a person who will act in the best interests of the dependent adult; not in a position where his or her interests will conflict with those of the dependent adult; and someone who has consented to act as trustee?

If the judge has any doubts or unanswered questions, he or she has the power to order that a report be prepared on the proposed dependent adult. The report looks at all of the physical, mental, social, vocational, residential, educational or other needs both present and future of the person and generally his or her ability to make reasonable judgments with respect to matters relating to the estate. Also, as a routine part of every application, there must be a report from a physician or psychologist about the condition of the proposed dependent adult.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.