Looking After A Dependent Person: Guardianship
Guardianship lawyers at Kahane Law Office can help. We understand the emotional difficulties when a family member or loved one loses mental capacity and can no longer make personal decisions for themselves. People who lose their capacity are dependent adults in the legal context. Guardianship is a process whereby authority is granted to an individual to make personal decisions on behalf of a dependent adult. The Alberta courts must grant an order for these decisions. If you need to become someone’s guardian and need help, call us in Calgary at 403-225-8810.
How Calgary Guardianship Lawyers Help
Our guardianship lawyers help by helping determine who the best person to make the application is. We then work with the applicant to put forward the application to the court. People ask us to help because the process is complicated, confusing and involves an application to the courts in Alberta. The process can take some time so it is good to start the process as early as you can. We are able to start applications quickly but the process itself takes time.
Guardianship Orders in Alberta Include:
- The adult’s health and safety
- The administration or withholding of medicine or medical care
- The adult’s participation in any education, vocational, or other training
- The persons with whom the adult may associate
- The adult’s participation in social activities
- Where, with whom, and under what conditions the adult is to live, either permanently or temporarily
- The adult’s employment
- The carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult
The Process for Guardianship
With all appointments as guardian, the applicant must apply to the courts for an order. The application must include supporting information about the best interests of the adult. Consequently, they specifically must include a plan on how the dependent adult will be looked after. In addition, the order allows for the appointment of an alternate guardians. These people are the back up guardian that can step up to act if the original person appointed cannot or will not act. This saves making a second application in these situations.
The Adult Guardianship and Trusteeship Act and Regulations governs guardianship. This Act requires the consideration of less intrusive measures for the adult, including supported decision-making and co-decision making.
Ways Around Needing These Orders
By getting an Personal Directive before someone loses capacity, you avoid having to go through process to apply to be a guardian. Personal directives are easy and quick to have drafted and are very inexpensive. Watch our video now about a will package that includes a Personal Directive. Click hear to learn about how Guardianship can be avoided with an EPA.
Getting Help with a Guardianship Order Lawyer
We understand that when you need these orders, it is often a difficult time for loved ones. The Calgary guardianship lawyers at Kahane Law Office can help you when a family member or loved one lose capacity and need someone to make personal decisions for them. Our team is understanding and compassionate with family members dealing with this difficult situation. Call 403-225-8810 or email today to contact us.