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Edmonton Trusteeship Lawyers Edmonton trusteeship lawyers are the men and women lawyers of Edmonton who handle the trusteeship matters for people in and around the Edmonton, Alberta area. If someone close to you has lost their mental capacity then you will want to obtain the advice and assistance of a trusteeship lawyer. Alberta’s “Adult Guardianship and Trusteeship Act” (sometimes called the “AGTA”) came into force in October of 2009. It is the new law in Alberta that deals with trusteeship and other matters. It replaces the former Alberta Dependent Adults Act. Under Division 4 of the Adult Guardianship and Trusteeship Act, the Court of Queen’s Bench of Alberta is empowered to appoint a person as a Trustee of another person, if that other person is mentally incapacitated. A Trustee is usually but not always a relative or close friend who is familiar with the financial affairs of the adult in question. In the absence of a suitable relative or close friend, the Act also allows for the appointment of the Public Trustee. The “Public Trustee” is an office of the Provincial government. The Public Trustee does not generally get involved unless there is no family member or other interested party who is appropriate or willing to take on the responsibility. Trustees are empowered to make “financial decisions” regarding the adult in question. Their powers are basically limited to financial matters only. However this is obviously an extremely important function and duty and the role of being a Trustee is an important and solemn one and should be taken very seriously. Included in the financial powers is the signing of contracts and this includes apartment and nursing home leases so obviously the job of trustee is very important. It will be the duty of the trustee to keep track of all income and expenses and to prepare appropriate tax returns as they fall due. Section 55 of the Act sets out some of a trustees powers, and these include that their power extends to all property of the represented adult within Alberta (and all property except real property located outside Alberta), and essentially to “do anything in relation to financial matters that the represented adult could do”. This includes the power to “sign all documents and do all things necessary”. There are certain restrictions when dealing with land and in every situation the trustee remains accountable to the represented adult. Certain parts of the Trustee Act of Alberta apply. A trustee must always “maintain accounts in accordance with the records” and basically follow the rules and be accountable to the Court for all matters. A trustee is expected to keep the property of the represented adult separate from their own property and to keep separate books for it as well. Section 61 of the Act places an obligation upon trustees to make reasonable efforts to determine whether or not the represented adult “has a will” and gives them the authority to “call in or receive an original will made by the represented adult” from any person, including another lawyer. Section 66 of the Act contains provisions that allow for the Trustee to be paid or “compensated” for their work in accordance with the Regulations. These financial matters are “Trusteeship” matters and are dealt with under Division 4 of the Act. Guardianship matters or matters “of the person” are separate from Trusteeship powers, and are dealt with under other sections of the Act. For a discussion of these other matters see our website regarding Edmonton Guardianship Lawyers. The actual Adult Guardianship and Trusteeship Act (including the amendments and repeals made to the Dependent Adult’s Act) can be accessed at the Queen’s Printer , which is a good resource for all Alberta legislation. Section 117 (4) of the AGTA says: “A trusteeship order that is in effect under the former Act immediately before the coming into force of this section continues as if it were made under this Act . . . “ By “former Act” they mean the Dependent Adults Act, so any Trustee orders that were made under the Dependent Adult’s Act become transitioned into the new AGTA act. If you are a trustee under the old Dependent Adults Act, or if someone close to you has become mentally incapacitated you will want to talk to a dependent adult lawyer. They can really help.
We are that counsel. We are that law firm. We are your Edmonton Trusteeship Lawyers. |
Reynolds Mirth Richards & Farmer, LLP
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