What changes are there to trusteeship?
A significant change with respect to trusteeship is that “certificates of incapacity” are no longer issued. Certificates allowed the Public Trustee to become trustee without Court involvement for adults living in certain facilities in Alberta. Provisions dealing with existing certificates have been transferred to the Public Trustee Act and existing certificates will be converted to Court orders over time. Other changes to trusteeship include: • Allowing individuals who live outside Alberta to be trustees with appropriate safeguards; • Allowing private trustees, subject to specific restrictions, to make any financial decision the adult could have made if capable; • Directing private trustees to follow the “prudent investor rule” of the Trustee Act; • Giving private trustees limited authority to make gifts without specific court authority; and • Allowing private trustees to choose to be compensated according to a fee schedule rather than always requiring the court to determine compensati
