The absence of a valid Enduring Power of Attorney or Personal Directive does not mean that the incapacitated adult has no ability to have someone manage their personal and financial affairs, but an application must be made to the Court of Queen’s Bench under the Adult Guardianship and Trusteeship Act for a Court Order granting such powers. This is a cumbersome, expensive, and time-consuming process, and is entirely on the public record. In addition, there are mandatory reporting periods in which the Court-appointed person must report to the Court, and obtain approval of the personal and financial decisions made on behalf of the mentally incapacitated adult.
The Adult Guardianship and Trusteeship Act is an alternative course for those who care for adults who have not executed an EPA and a PD, or who cannot execute these documents due to mental incapacity.
Our office has extensive experience drafting Enduring Powers of Attorney and Personal Directives for our clients, and with our combined expertise, can provide advice for a wide range of planning issues. We also have experience making applications under the Adult Guardianship and Trusteeship Act and are able to assist with, or make, the necessary applications under this Act.