Applying To Help A Dependent Adult
If a person does not have mental capacity to look after themselves or make decisions for themselves, someone needs to make those decisions for them. In situations where a person who loses mental capacity had an enduring power of attorney or personal directive, then that document would allow someone to make decisions for them. If they did not, it will be up to the courts to appoint someone as a representative of that individual. The application to the court is called a dependent adult application or a represented adult application. Call Kahane Law in Calgary, Alberta for the help you need 403-225-8810. Lastly, our lawyers assist clients with these issues regulatory and we understand how challenge a time this often is.
How Do Dependent Adult Applications Work
The Adult Guardianship and Trusteeship Act (AGTA) replaced the Dependent Adults Act. The Adult Guardianship and Trustee Act allows for the court to grant orders that allow an individual to take care of the affairs of a dependent adult. A person has to make a dependent adult application to the court. Thus a dependent adult is now referred to as a represented adult since they are represented by another person. feel free to use the two terms interchangeably.
Types of Dependent Adult Applications
Lawyers usually apply for two types of these orders at the same time. While the two usually go together, for instance someone signed a personal directive but not a enduring power of attorney, ifonly one order is required, then that is possible as well. The applications include:
Much like a personal directive or living will deals with medical and personal decisions, so does a Guardianship Order. This type of dependent adult application (or represented adult application) appoints a person to care about the physical aspects of a person. Learn more about the types of Guardianship applications here. This includes such things a living arrangements, medications and the administration or withdrawal of medical procedures. Please click here to learn more about Guardianship Orders.
With an enduring power of attorney, a person give permission to make financial and asset based decisions for them. The dependent adult application equivalent is the trusteeship order. In other words, it appoints a trustee to govern the monetary, business and asset affairs of a represented person. Please click here to learn more about trusteeship represented adult applications.
Who Can Make Dependent Adult Applications
Usually dependent adult applications are made by a close family member or loved one. Sometimes a close friend makes the dependent adult application. When the represented adult application is made, they are usually not contested. In this case they go smoothly.
What Happens If Someone Disputes A Represented Adult Application?
Sometimes more than one person wants to make the application for guardianship or trusteeship. If this happens, and no one can agree, then the court will determine who the best person to manage the affairs of the dependent adult is. Kahane Law office can help with our Calgary lawyers in the event that there is a conflict. We will represent one of the parties applying for the dependent adult application. There can be situations where the court determines in the dependent adult application that there is no best person and put the responsibility of representing that adult with the public trustees office.
Your Responsibilities When Representing An Adult
Guardians and trustees have a duty to act with care and attention. The legal requirement includes putting the interests of the represented adult first. Anything done, even inadvertently, not in the best interest of the represented adult’s values, beliefs, wishes or circumstance, the guardian or trustee may face sever repercussions by the court. Lastly, if any concerns arise in your acting as a representative, always feel free to reach out for legal advice or direction.
Calgary Lawyers For Dependent Adult Applications
People undergo a lot of stress, emotions and frustrations when helping a cared one who no longer possesses capacity to look after themselves. The Calgary represented adult application lawyers at Kahane Law Office can help you when a family member or loved one lose capacity and need someone to make personal or financial decisions for them. Finally, we offer consultations, legal advice and direction and make any required application to the court. Call us today 403-225-8810 or email today to contact us.