Trusteeship

Contact our lawyers at Meikle Osgood in Edmonton, AB, to discuss matters related to Trusteeship.

An individual is a Dependent Adult when the Court is satisfied that a person named in an application for an Order appointing a trustee is unable to make reasonable judgements in respect of matters relating to all or any part of the person's estate and is in need of a trustee and there is no Enduring Power of Attorney in effect. People often misunderstand the difference between the use of Enduring Powers of Attorney (EPA) and Personal Directives (PD) as opposed to a Dependent Adult court process. The EPA and PD documents might be considered a shorthand way of dealing with the possibility of future mental incapacity. The appointments are made in advance and the documents are activated if, and when, the person making them (the donor) becomes incapacitated. They are activated usually by a Doctor's or a Psychologist's letter similar to the Form 1 requirements of a Physician's or Psychologist's report referred to in the Dependent Adult Act.