The Adult Guardianship and Trusteeship Act (AGTA), in force on October 30, 2009, repeals and replaces the Dependent Adults Act (DAA); however, transitional provisions prescribed in the regulation under the AGTA allows for a window through which the DAA will remain applicable to certain guardianship and trusteeship applications:
- Applications under the DAA for a guardianship or trusteeship order may be continued or made and determined in conformity with DAA requirements, regulations, forms, practices and procedures if such application was started before the AGTA came into force or started within 3 months after the AGTA came into force.
- Applications under the DAA for a review of a guardianship or trusteeship order that was in effect under the DAA immediately before the AGTA came in to force or an application for a passing of a trustee's accounts started before the AGTA came into force or started within 3 months after the AGTA came into force shall be continued or made and determined in conformity with DAA requirements, regulations, forms, practices and procedures. Sections 38, 39, 40 and 52 of the DAA shall apply to these existing Orders until the Order is reviewed under the AGTA.
- Applications under the DAA not completed within one year after the AGTA came into force, must be continued in conformity with AGTA requirements, regulations, forms, practices and procedures.
Notice to Readers
For more information on how to make an application under the Dependent Adults Act, please refer to the information in Applying for trusteeship yourself. All trusteeship applications commenced after January 30, 2010 will have to be made under the Adult Guardianship and Trusteeship Act. For more information on how to make an application under the Adult Guardianship and Trusteeship Act, please refer to the information in Hiring a Lawyer to Help You Apply For Trusteeship.
The Public Trustee is appointed by the Alberta Government under the Public Trustee Act. Authority of the Public Trustee is found in the Public Trustee Act and other provincial statutes. The Public Trustee maintains offices in Calgary and Edmonton. The offices are staffed by trust administrators, lawyers, taxation officers, auditors and support staff.
The primary functions of the Public Trustee are to
- protect minors' property interests;
- act as trustee for people with mental disabilities;
- act in the administration of deceased persons' estates.
The Public Trustee's policy is to step in only where it is necessary or appropriate to do so to protect the financial interests of vulnerable Albertans.
Along with a great deal of responsibility comes a great many questions about trusteeship.
The following links have been provided to give you the answers you're looking for.
See also:
Hiring a Lawyer to Help You Apply for Trusteeship 
September 01, 2009
Assisting Represented Adults With Finances 
September 01, 2009