When a person does not have a power of attorney in place and subsequently loses mental capacity, it can create a gap in their financial decision making. 
A loss of capacity could be one that is short term or long term, and in either situation life continues on, and finances need to be managed.
Without a power of attorney in place which affirms the role and responsibility of a designated person for decision making, then there will need to be an application for the appointment of a trustee.
A trustee only deals with financial decision making on behalf of a person, whom in Alberta is referred to as the “Represented Adult”.
A trustee application requires very specific requirements and information to be completed for an application to be heard in the Alberta Court of King’s Bench.
With all trustee applications the Office of the Public Guardian and Trustee will conduct a review and will speak to the proposed Represented Adult.
A proposed trustee will need to undergo review with confirmation of a vulnerable sectors check and a credit check.
A proposed trustee will not have the power to exercise decision making until such time that an order is granted. Individuals are strongly cautioned to avoid taking actions that they are not legally permitted to without first being granted the authority to do so.
Please contact our office if you require legal guidance to guide you through this process.
Links: https://www.alberta.ca/trusteeship
Our firm believes in access to legal services for everyone, and serves the Calgary area, as well as regularly traveling for court appearances in Red Deer, Edmonton, Fort McMurray, Medicine Hat, and Lethbridge.
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