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What happens if I am no longer able or if I don't want to act as trustee any more?
You (or another interested party) may also apply for a court order discharging you from your responsibilities. You must give at least 10 days notice of your application to the same list of people who were notified of your initial application (see Question 5). The judge of the Surrogate Court may grant an order releasing you from your duties as trustee if you say that you are unwilling or unable to continue to act.
Note that the judge may also discharge a trustee if the dependent adult is no longer in need of a trustee, or if the trustee
- fails to act;
- acts in an improper manner or a way that may endanger or has endangered the estate of the dependent adult;
- is guilty of a breach of trust;
- is no longer a suitable person to act; or
- is no longer a resident of Alberta.
Before discharging a trustee, the judge will make sure that suitable arrangements have been or will be made for the handling of the estate of the dependent adult or that another application for trusteeship will be made.
October 1996
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