The spectrum
Alberta's government describes the options as supported decision-making, co-decision-making, specific decision-making, guardianship and trusteeship. The range runs from supported decision-making authorizations to full guardianship. The Act is built around the idea of using the least intrusive and least restrictive option available.
Supported decision-making
- This is for an adult who has the capacity to decide but wants help understanding, thinking through and communicating decisions.
- The adult can name up to 3 supporters, formalized through a supported decision-making authorization.
- The adult completes the authorization form themselves. The decision stays with the adult, so no court is involved.
Co-decision-making
- This sits in the middle. It may fit an adult whose ability to make personal decisions is impaired but who can decide with good support.
- The adult and their co-decision-maker make decisions together, the adult must agree to the arrangement, and the Court decides whether to grant the order.
- It's limited to personal matters. A co-decision-maker helps with some or all personal decisions, except financial matters.
Guardianship
- A court order appoints someone to make personal decisions for an adult who can't make them. It focuses only on personal decision-making.
- Financial matters fall under trusteeship, a separate order.
- It's a last resort. A guardianship order should not be needed if less intrusive options still work.
The key differences
| Supported decision-making | Guardianship | |
|---|---|---|
| Who decides | The adult | The guardian |
| Court involved | No | Yes |
| Adult's say | Full | Limited by the order |
| Based on | The adult's capacity and consent | A finding that the adult lacks capacity for those decisions |
Guardianship is a court process with lasting consequences. Alberta's framework is built on best interests and how the adult would have made the decision if capable.
Other tools worth knowing
- Personal directive. Under the Personal Directives Act, an adult with capacity can name their wishes and a decision-maker for personal matters in advance. The financial equivalent is an enduring power of attorney, drafted while the adult has capacity.
- Specific decision-making. This is limited to one decision, such as a time-sensitive health care decision, where the nearest relative may be chosen to decide.
For a person with a disability, planning ahead with supported decision-making, a personal directive and an enduring power of attorney can often avoid guardianship entirely.
Where to get help
Alberta's Office of the Public Guardian and Trustee runs the registries and answers questions: 1-877-427-4525, toll-free in Alberta. A lawyer who does adult guardianship work can help with applications or with deciding which option fits.
This article provides general information about the law in Alberta and is not legal advice. Every situation is different. Reading this article does not create a lawyer-client relationship. For advice about your circumstances, contact Andrew Green Law.