= 1976 Bill 59 ,.a'A Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL S9 THE DE'PENDENT ADULTS ACT THE MINISTER OF SOCIAL SERVICES AND COMMUNITY HEALTH First Reading Second Reading Third Reading Printed by the Queen'$ Printer for the Province of Alberta, EDMONTON

THE DEPENDENT ADUILTS ACT TABLE OF CONTENTS

Definitions

PART 1 GUARDIAN'SHIP Division 11 ,Application for GuardianshipO'rder Application, report and consent Service of application Inquiry by Court and report Interested persons may appear Division 2 Guardianship Order and its IEffect Appointment of plenary or partial guardian Persons who may be appointed guardian Requirements for review of guardianship order Effect of plenary guardianship order Effect of partial guardianship order Exercise of authority by guardian D'ivision 3 Public Guardian App'Ointment of Public Guardian Public Guardian's duties May be appointed a& plenary or partial guardian by the Court Division 4 Other Guardianship Provisions Service 'Of application for review Order after review Appointment of alternate guardian Authority of alternate guardian Application for discharge of guardian Death of guardian

PART 2 TRUSTEESHIP' 'Division 1 Applicatio'n for Trusteeship Order Application, report and consent Service of application Inquiry by Court and report Interested persons may appear

Section

'J'ABLEOF CONTENTS Division 2 Trusteeship Order and its Effect Persons who may be appointed trustee Trusteeship order and review requirements Effect of trusteeship order ! PPOintment of trustee Extent of trustee's power Division 3 D'uties of Trustee I Duties upon appointment Estate management and administration Division 4 Appointment o,f the Public Trustee I Duties Court appointment Division 5 Other Trusteeship Provisions Service of application for review Court order after review Alternate trustee Authority of alternate trustee Application for discharge Passing accounts Death of trustee

PART 3

Section 25 26 27 28 29 - 3:0 31 32 33 34 35 36 37 38 39 40 41 COMMON GUARDIANSHIP AN!D TRUSTEESHIP PROVISIONS Signature of guardian or trustee Purchase of necessaries Contracts binding Direction of the Court Effect of order on testamentary disposition Foreign orders Costs

PART 4 42 43 44 45 46 47 48 TRUSTEESHIP WITHOUT 'COURT ORDER AND APPElAL PANELS Division 1 Trusteeship Without Court Order Issue of 'certificate of incapacity Notification of issue Public Trustee becomes trustee Review by appeal panel Termination of certificate of incapacity Notification of termination Termination of trusteeship of Public Trustee Period during which certificate effective 49 50 51 52 53 54 55 56

TABLE OF CONTENTS Division 2 'Rights of Persons in respect of whom a Certificate of 'Incapacity is issued Written statement of certificate of incapacity Establishment Quorum and decisions Division 3 Appeal Panels Persons prohibited as members Duties and powers Division 4 57 58 59 60 61 Appeals from Certificate of Iincapacity to App,eal Panels Appeal for termination of certificate of incapacity and notification Proceedings, hearing and decision

PART 5 62 - 63 64 - 6'5 APPEAL, REGULATIONS, TRANSITIONAL AN'D, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT Division 1 Appeal and Regulations Appeal to the Supreme Court Regulations Division 2 Transitional Provisions Transitional Provisions under The Mental Health Act, 1972 66 67 68 - 70 Transitional Provisions under The Mentally Incapacitated Persons Act 71 - 76 Division 3 Consequential Amendments Amendments to Acts Division 4 Repeal and Commencement Mentally Incapacitated Persons Act repeal Proclamation 77 - 84 85 86

Bill 59 BILL S9 1976 THE DEPENDENT ADULTS ACT (Assented to , 1976);M HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows :~illI 1. In this Act, (a) "appeal panel" means an appeal panel establishecca: pursuant to

section 58; (b) "certificate of incapacity" means a certificate of incapacity issued pursuant to

section 49; (c) "Court" or "Surrogate Court" means The Surrogat~~j Court of Alberta; (d) (e) (f) (g) (h) "dependent adult" means any person in respect oji'i~ whom (

i) a guardianship order is in effect, or (ii) a trusteeship 'order is in effect, or (iii) both a guardianship order and a trusteeshi( order are in effect; "facility" means a place designated in the regula.;I!1 tions as a facility; "guardian" means the person named as plenary OliO; partial guardian in a guardianship order or a per,!~;' son who becomes a guardian by virtue of the opera.::,r tion of this Act; "guardianship order" means an order of the Cour;"1 appointing a person as a plenary guardian or partia:~I, guardian pursuant to

section 6 or as an alternate; guardian pursuant to

section 17; . "health care" includes (

i) any examination, diagnosis, procedure or treati~1, ment undertaken to prevent any disease OjTh.1 ailment, (ii) any procedure undertaken for the purpose o~,~, preventing pregnancy, (iii) any procedure undertaken for the purpose O:i~~ an examination or a diagnosis, c, (iv) any medical, surgical, obstetrical or denta;' treatment, and I (

v) any thing done that is ancillary to any proce,tJI dure, treatment, examination or diagnosis;

Exp,lanatory Notes General: This Bill is divided int'O five Parts.

Part 1 of the Bill is intended to provide means by which help can be given to th'Ose persons who are 18 years old or older, who are unable to care for themselves and who are unable to make reasonable j~dgements, and ~ho are in need of a guardian. (For the matters m respect of WhICh a guardian can be appainted see sections 9 and 10.) , Anyone wh'O is interested in the welfare of such a persan may apply ta The Surrogate Caurt of Alberta for a guardianship order.

To ensure that apprapriate applications far guardianship orders are made, the Bill requires that anyone applying for a guardian­ ship order file a repart by a physician, psycholagist 'Or therapist stating that the person in respect of whom the guardianship order is applied for is in need of a guardian. The Bill recognizes that some people need help with some aspects of their personal affairs and not others. If a person is totally dependent then the Court can appoint a plenary guardian, but where a person only needs help in same areas of life a partial guardian can be appointed.

Part 2 'Of the Bill deals with the appointment of a trustee to laok after all 'Or that part of the estate of a person who is unable t'O manage it. Applications for a trusteeship order are also dependent upon a report of a physician, psychologist or therapist stating that a trustee is needed.

Part 3 of the Bill deals with matters that are common to both guardians and trustees and includes provisions empowering guard· ians ta purchase necessary items for a dependent adult and per­ mitting applications to be made to the Supreme Court or the Surrogate Caurt for directions as to the best decision t'O make when a difficult question arises.

Section 48 in

Part 3 relating to 'costs empowers the Court to make an 'Order requiring anyone or more of the persall'S referred to in that

section t'O bear the costs 'Of reports and applicatians. In particular the Crown in right of Alberta can be ordered to bear the costs of any application or report.

Part 4 'Of the Bill deals with those cases where a person is resid­ ing in a facility and where (subject to strict cantrols) two physi­ cians or one physician and one therapist may issue a certificate 'Of incapa:city. Upon the issue 'Of a certificate of incapacity the Public Trustee autamatically becomes trustee of the estate of the persan named in the order unless there is a trusteeship 'Order already in existence relating t~ that person. Appeal panels will be established to hear and decide whether certificates of incapacity should remain in effect.

Part 5 deals with existing orders under other Acts, amends Acts, repeals The Mentally Incapacitated Persons Act and pravides that the Bill carnes into force on Proclamation. Other major points of the Bill include (

a) the establishment of the Office of Public Guardian. The Public Guardian has the respansibility of making applica­ tians for the appointment of a guardian ~or ~h~se persons in need of a guardian when no one else IS wIllmg or able ta make the application. In addition the .Court may,. where na ather person is willing to be app01~ted, apP?mt the Public Guardian as the plenary or partIal guardIan of a person;

(i) "interested person" means (

i) the Public Trustee, or (ii) the Public Guardian, or (iii) any other person 18 years of age or older who I is concerned for the welfare of the person in· respect of whom a guardianship order or trusteeship order is sought or has been ob­ tained; (j) "Minister" means the Minister of Social Serviees and Community Health; (k) "nearest relative" means with respect to any per-} son, the relative of that person first listed in the following subclauses, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any subclause being pre­ ferred to the other of those relatives regardless of sex: (

i) husband or wife, (ii) son or daughter, (iii) father or mother, (iv) brother or sister, (

v) grandfather or grandmother, (vi) grandson or granddaughter, (vii) uncle or aunt, (viii) nephew or niece; (1) "Public Guardian" means the person appointed as the Public Guardian pursuant to

section 12; (m) "Public Trustee" means the person appointed as the Public Trustee under

section 3 of The Public Trustee Act; (n) "physician" means a person registered as a m·edical practitioner under The Medical Profession Act, 1975; (0) "psychologist" means a person registered under

Part 2 of The Psychologists Act; (p) "therapist" means a person registered as a therapist under The Mental Health Act, 1972; (q) "trustee" means the person named as trustee in a trusteeship order or a person who becomes a trustee by virtue of the operation of this Act; (r) ''trusteeship order" n1eans an order of the Court appointing a person as trustee of the estate of a person pursuant to

section 25 or as an alternate trustee of the estate of a person pursuant to sec­ tion 37. 2

(

b) a requirement that guardianship orders, trusteeship orders and certificates of incapacity be periodically reviewed at least once every two years. Nothing in the Bill prevents a review at any time but the longest gap between reviews will be two years; (

c) a crucial need of both those providing health care treat­ ment and -those in need of it is answered in this Bill. It clearly indicates the power of a guardian to consent to the providing of health care to a dependent adult subject to such restrictions as a Court may impose when making an order of guardianship. Any health care provided to a dependent adult must be in the best interests of the person. 1.

Definitions. 2

PARt 1 GUARDIANSHIP Division 1 Application for Guardianship Order 2.

(1) Subject to this

section and

section 3, any inter­ ested person may apply to the Court for an order appointing (

a) a plenary guardian, or (

b) a partial guardian, in respect of a person 18 years of age or older.

(2) No application shall be made to the Court under subsection (1) unless it is accompanied by a report of a physician, psychologist or therapist containing (

a) the name and address IQf the person making the report, and (

b) a statement to the following effect: "In my opinion ........ (full name) is in need of a guardian and it would be in his/h·er best interests for a guardian to be appointed for him/her", and signed and dated by the physician, psychologist or therapist making the report.

(3) The interested person making an application under subsection (1) shall, at the same time the application is made, file with the Court the written consent of the person proposed as guardian to the effect that he is willing to act as the plenary or partial guardian, as the case may be, of the person in respect of whom the application is made. :3.

(1) An application for an order appointing a guardian shall be made in the judicial district in which the person in respect of whom the application is made is ordinarily resident.

(2) The interested person making the application shall, ~t least 10 days before the date the application is to be heard, serve a copy of the application and the report referred to in

section 2 on (

a) the person in respect of whom the application is made, (

b) the nearest relative of the person in respect of whom the application is made who is living in Canada if he is not the applicant, (

c) the person proposed as the guardian of the person in respect of whom the application is made if he 3

2. Application, report and consent of person proposed as guardian must accompany an application for an order appointing a plenary or partial guardian. 3. Persons on whom a copy of the application for a guardianship order is required to be served. 3

is not the applicant or the nearest relative served pursuant to clause (b), (

d) if the person in respect of whom the application is made is a resident of a facility, the person in charge of the facility, (

e) the Public Guardian, if he is not the applicant or the person served pursuant to clause (c), (

f) any trustee of the person in respect of whom the application is made if he is not the applicant 'Or a person served pursuant to this subsection, and (

g) such other person as the Court may direct.

(3) The Court may, where it considers it appropriate to do so, (

a) shorten the time for service on all or any of the persons referred to in subsectiO'n (2.), or (

b) dispense with the requirements for service on all or any of the persons referred to in subsection (2), except the Public Guardian. 4.

(1) Upon hearing an application for an order appoint­ ing a guardian the Court shall inquire as to whether (

a) the person in respect of whom the application is made is in need of a plenary guardian, partial guardian or any guardian, and (

b) it is in the best interests of the person in respect of whom the application is made for a guardian to be appointed for him.

(2) Where (

a) the Court has any doubt as to whether a plenary guardian, partial guardian or any guardian should be apP'Ointed, or (

b) a guardianship order is being reviewed by the Court, the Court may appoint a person to prepare a report on the person named in the application with respect to any or all of his physical, mental, social, vocational, residential, educa­ tional or other needs both present and future and generally his ability to care for himself and to make reasonable judg­ ments with respect to matters relating to his person . . 5. At any hearing of an application for an order appoint­ Ing a guardian or on a review of a guardianship order (

a) any person served pursuant to

section 3, subsection (2), and (

b) any other person who wishes to make representa­ tions and that the Court agrees to' hear, may appear and make representations. 4

4. Inquiry by Court and report where necessary. s. Persons who may appear and make representations. 4

Division 2 Guardianship Order and Its Effect 6.

(1) Where the Court is satisfied that a person named in an application for an order appointing a guardian is (a) 18 years of age or older, (

b) unable (

i) to care for himself, and (ii) to make reasonable judgments in respect of all or any of the matters relating to his person, and (

c) in need of a guardian, the Court may make an order appointing a plenary guardian or a partial guardian.

(2) The Court shall not make any order under subsection (1) unless it is satisfied that the order would be in the best interests of the person in respect of whom the applica­ tion is made. 7.

(1) The Court may appoint as a plenary guardian or partial guardian of a dependent adult, any person 18 years of age or older who consents to act as guardian and in respect of whom the Court is satisfied that (

a) he will act in the best interests of the dependent adult, (

b) he will not be in a position where his interests will conflict with the dependent 'adult's interests, (

c) he is a suitable person to act as the guardian of the dependent adult, and (

d) he is a resident of Alberta.

(2) The Court may require the person proposed as guardian to attend and :answer questions to determine whether he meets the requirements of subsection (1). 8. Upon making a guardianship order the Court shall specify (

a) the times at which the order must he reviewed by the Court which shall be at least once ,every two years, (

h) the. person required to apply to the Court for the reVIew, and (c) ~ny requirement to he complied with by the guard­ Ian or any other p'erson with r,espect to a review of the circumstances of the dependent adult. 5

6. Appointment of plenary or partial guardian. 7. Persons who may be appointed as guardian. 8. Requirements for review of guardianship order. 5

(1) Subject to subsection (2), where the Court makes an order appointing a plenary guardian, the guardianship order confers on the person named as the plenary guardian the power and authority (

a) to decide where the dependent adult is to live, whether permanently or temporarily; (

b) to decide with whom the dependent adult is to live and with whom the dependent adult is to consort; (

c) to decide whether the dependent adult should or should be permitted to engage in social activities and if so the nature and extent thereof and matters related thereto; (

d) to decide whether the dependent adult should or should be permitted to work and, if so, the nature or type of work, for whom he is to work and matters related thereto; (

e) to decide whether the dependent adult should or should be permitted to take or participate in any educational, vocational or other training and, if so, the nature and extent thereof and matters related thereto; (

f) to decide whether the dependent adult should apply or should be permitted to apply for any licence, permit, approval or other consent 'Or authorization required by law; (

g) to commence, compromise or settle any legal action that does not relate to the estate of the dependent adult and to compromise or settle any action taken against the dependent adult that does not relate to his estate; (

h) to consent to any health care that is in the best interests of the dependent adult; (

i) to make normal day to day decisions on behalf of the dependent adult including the diet and dress of the dependent adult; (

j) to make such other decisions as can be made by a father in respect of a child under 14 years of age and that are not specified or referred to in this subsection.

(2) In making an order app'Ointing a plenary guardian the Court may make its order subj'ect to such conditions or restrictions as it considers necessary . .

(3) Any decision made, action taken, consent given or thIng done by a plenary guardian shall be deemed for all purposes to have been decided, taken, given or d'One by the d~~endent adult as though he were an adult capable of gIVIng consent. 6

9. Authority of plenary guardian. 6

(1) Where a Court makes an order appointing a partial guardian, ,the Court shall grant to the partial guard­ ian only such power and authority as may be necessary for him to care for or assist in caring for the dependent adult and to make or assist in making reasonable judgments in respect of matters relating to his person.

(2) In making an order appointing a partial guardian, the Court shall specify whether all or anyone or more of the following matters relating to the person of the dependent adult are to be subject to the power and authority of the partial guardian: (

a) the right to decide where the dependent adult is to live, whether permanently or temporarily; (

b) the right to decide with whom the dependent adult is to live and with whom the dependent adult is to consort; (

c) the right to decide whether the dependent adult should or should be permitted to engage in social activities and if so the nature and extent thereof and matters related thereto; (

d) the right to decide whether the dependent adult should or should be permitted to work and, if so, the nature or type of work, for whom he is to work and matters related thereto; (

e) the right to decide whether the dependent adult should or should be permitted to take or participate in any educational, vocational or other training and, if so, the nature and extent thereof and matters related thereto; (

f) the power and authority to decide whether the de­ pendent adult should apply or should be permitted to apply for any licence, permit, approval or other consent or authorization required by law; (

g) the right to commence any legal action that does not relate to the estate of the dependent adult; (

h) the right .to consent to any health care that is in the best interests of the dependent adult; (

i) the right to make normal day to day decisions on behalf of the dependent adult including the diet and dress of the dependent adult.

(3) In making an order appointing a partial guardian the Court may (

a) make its order subject to such conditions or re­ strictions as it considerls necessary, or (

b) restrict, modify, change or add to any of the matters referred to in subsection (2). 7

10. Order appointing a partial guardian and the affairs of life that the Court must take into consideration when making the order. 1

(4) Any decision made, action taken, consent given or thing done by a partial guardian with regard to any mat­ ter in respect of which he is appointed guardian shall be deemed for all purposes to have been decided, taken, given or done by the dependent adult 'as though he were an adult capable of giving consent. 11. A guardian shall exercise his power and authority (

a) in the best interests of the dependent adult, and (

b) in such a way as to encourage the dependent adult to become capable of caring for himself and of m'aking reasonable judgments in respect of matters relating to hi,s· person. Division 3 Public Guardian 12.

(1) In accordance with The Public Service Act there may be appointed a Public Guardian and such other persons as may be required for the purposes of this Act and the regulations.

(2) Where the PubHc Guardian is given any power or duty under this Act or .the regulations, he may authorize in writing one or more persons to exercise or perform that power or duty upon such conditions or in such circumstances as the Public Guardian prescribes and thereupon that power or duty may be exercised or performed by the person or persons so authorized in addition to the Public Guardian. 13. Where in the opinion of the Public Guardian a person is in need of a guardian and no person is willing, able or suitable either to make an application for an order appoint­ ing a guardian or to be appointed a,s the guardian of the per­ son or both, the Public Guardian ,shall (

a) make an application for an order appointing him­ self or any other person as guardian 'of that person, or (

b) notify any person proposing to make an application for an order appointing a guardian as to whether or not the PubHc Guardian is willing to be ap­ pointed as plenary or partial guardian of the person In respect of whom the application is proposed to be made. 14. Where the Court is not satisfied that a person pro­ posed 'as .a guardian in an application under this Act meets the. re~uIre~ents of this Act, it may, after giving notice of Its ~ntenbon to the Public Guardian, appoint the Public 9-uardmn as the plenary or partial guardian of the person In respect of whom the application is made. 8

II. Best interests of the dependent adult is paramount. 12. Appointment of Public Guardian and staff. 13. Public Guardian's duties. 14. Court may appoint Public Guardian where a person pro­ posed as guardian is not satisfactory. 8

Division 4 Other Guardianship Provisions 1'5.

(1) Nothing in this Act or an order of the Court made under this Act prevents a dependent 'adult or any interested per,son on his behalf from ~pplying to the Court for a review of a guardianship 'Order at any time.

(2) Where an application is made to the Court for a review ofa guardianship order, Ithe person making the application shall, at least 10 days before the application is to be heard, serve a copy 'Of the application on (

a) the dependent adult, (

b) the nearest relative of the dependent adult who is living in Canada if he is not the applicant, (

c) the guardian of the dependent adult if he is not the applicant or the nearest relative served pursuant to clause (b), (

d) if the dependent adult is a resident of a facility, ,the person in charge of the facility, (

e) the Public Guardian if he is not the applicant or the person served pursuant to clause (c), (

f) any trustee of the dependent adult if he is not the applicant or a ~erson served pursuant to this sub­ section, and (

g) such other person as the Court may direct.

(3) The Court may, where it considers it appropriate to d'O so, (

a) shorten the time for service on all or any of the persons referred Ito in subsection (2), or (

b) dispense with the requirements for service on all or any of the persons referred t'O in subsection (2), except the Public Guardian. 1'6. Upon hearing an application for review of a guard­ ians~ip order, the C'Ourt may amend, cancel, terminate, contInue, vary or replace the order subject to any C'ondi,tions or requirements it considers necessary. ~ 7.

(1) Upon making a guardianship order or upon a reVIew of a guardianship order the Court may appoint an alternate guardian if ' (

a) t~e per.s'On proposed as alternate guardian has given hIS wrItten Iconsent to act as guardian of the de­ pendent person in the event of the death of the original guardian, and 9

15. Service of application for review. 18. Court order after review of guardianship order. 17. ApPointment of alternate guardian. 9

(

b) i,t is satisfied that the persons upon whom the ap­ plication for an order of guardianship or review thereof is served pursuant to

section 15, sub­ section (2) have had sufficient notice of the will­ ingness of the person proposed as alternate guard­ ian to act as such.

(2) Section 7 applies to the person proposed as the alter­ na te guardian. 18.

(1) Where an alternate guardian is appointed, the alternate guardian shall take over the office of plenary guardian or partial guardian, as the case may be, without further proceedings immediately upon the death of the original guardian.

(2) The alternate guardian shall notify the Court in writing of the death of the original guardian and send the Court a certified copy of the death certificate of the original guardian.

(3) Upon the appointment of the alternate guardi'an be­ coming effective, the power and authority of the alternate guardian shall be the same as that of the guardian he replaces. 19.

(1) The guardian or any interested person may apply to the Court for an order discharging the guardian from his office.

(2) An application pursuant to subsection (1) shall be made in the judicial district in which the dependent adult is ordinarily resident.

(3) The person making an application under subsection (1) shall, at least 10 days before the date the application is to be heard, serve a copy of the application on the persons referred to in

section 15, subsection (2) and the provisions of

section 15, subsection (3) 'apply.

(4) Where the Court considers that a dependent adult is no longer in need of a guardian or if the Court is satisfied that a guardian (

a) is unable or unwilling to continue to act as guard­ ian, or (

b) refuses to act or to continue to act as guardian, or (

c) fails to act as guardian or fails to act in accordance with a guardianship order, or (

d) acts in an improper manner or in a manner which has or which may endanger the well-being of the dependent adult, or (

e) is no longer a suitable person to act as guardian, or (

f) is no longer a resident of Alberta , 10

18. Authority of alternate guardian. 19. Dis'charge of· guardian. 10

the Court may make an order discharging the guardian from his office or make such other order as it considers appropdate in the circumstances.

(5) Before making an order under subsection (4) the Court shall satisfy iltself that, where necessary, (

a) suitable arrangements have been or will be made in respect of the dependent adult, or (

b) an application for another guardianship order will be made. 20.

(1) Upon the death of a guardian and in the ab­ sence of an alternate guardian, the Public Guardian, upon receiving notice of the death of the guardian, becomes the plenary or partial guardian of the dependent adult, as the case may be, with the s'ame power and authority as the former guardian.

(2) Upon becoming the guardian of a person under sub­ tSection (1), the Public Guardian shall notify the Court in writing of that fact and send a copy of the death certificate of the former guardian to the Court.

(3) The Public Guardian continues to be the guardian of the dependent adult until (

a) a new guardian is appointed by the Court, or (

b) the Court m'akes an order discharging the Public Guardian as guardian of the dependent adult. 11

20. Automatic appointment of Public Guardian upon the death of a guardian where there is no alternate guardian. 11

PART 2 TRUSTEESHIP Division 1 Application for Trusteeship Order 21.

(1) Subject to this

section and

section 22, any in­ terested person may apply to the Court for an order appointing a trustee in respect of the estate of a person 18 years of 'age or over.

(2) No appliC'ation ,shall be made to the Court under sub­ section (1) unless it is accompanied by a report of a physic­ ian, psychologist or therapist containing (a) ,the name and address of the person making the re­ port, and (b) 'a statement to the following effect: "In my opinion the estate of .... (full name) is in need of a trustee and it would be in his/her best interests for a trustee to be appointed", and signed and dated by the physician, psychologist or therapist making the report.

(3) The interested person making an application under subsection (1) shall, at the same time the application is made, file with the Court the written consent of the person proposed as trustee to the effect that he is willing to act as the trustee of the estate of the person in respect of whom the application is made. 22.

(1) An application for an order appointing a trustee ~I shall be made in the judicial district in which the person ~ in respect of whom the application is made is ordinarily resident.

(2) The interested person making the application shall, at least 10 days before the dat'e the application is to be heard, serve a copy of the application and the report referred to in

section 21 on (

a) the person in respect of whom the application is made, (

b) the nearest relative of the person in respect of whom the application is made who is living in Canada if he is not the applicant, ( c ) ~he person proposed as the trustee of the person In respect of whom the application is made if he is not the applicant or the nearest relative served pur­ suant to clause (b), 12

21. Application, report and consent of person proposed as trustee must accompany an application for an order appointing a trustee. 22. Persons on whom a copy of the application for a trustee­ ship order is required to be served. 12

(

d) if the person in respect of whom the application is made is a resident of a facility, the person in charge of the facility, (

e) the Public Trustee, if he is not the applicant or the person served pursuant to clause (c), (

f) any guardian of the person in respect of whom the application is made if he is not the applicant or a person served pursuant to this subsection, and (

g) such other person as the Court may direct.

(3) The Court may, where it considers it appropriate to do so, (a) (

b) shorten the time for service on all or any of the persons referred to in subsection (2,), or dispense with the requirements for service on all or any of the persons referred to in subsection (2), 'except the Public Trustee. 2:3.

(1) Upon hearing an application for an order ap­ pointing a trustee the Court shall inquire as to whether (

a) the person in respect of whom the application is made is in ne'ed of a trustee, and (

b) it is in the best interests of the person in respect of whom the application is made for a trustee to be appointed for him.

(2) Where (

a) the Court has any doubt as to whether a trustee should be appointed, or (

b) a trusteeship order is being revi'ewed by the Court, the Court may appoint a person to prepare a report on the person named in the application with respect to any or all of 'his physical, mental, social, vocational, residential, edu­ cational or other needs both present and future and gen­ erally his ability to make reasonable judgments with respect to matters relating to his estate. 24. At any hearing of an application for an order ap­ pointing a trustee or on a review of a trusteeship order I (

a) any person served pursuant to

section 22, sub­ section (2), and (

b) any other person who wishes to make representa­ tions and that the Dourt agrees to hear, may appear and make representations. 13

23. Inquiry by Court and report where necessary. 24. Persons who may appear and make representations. 13

Division 2 Trusteeship Orde,!' and Its Effect '25.

(1) Where the Court is satisfied that a person named in an application for an order appointing a trustee is (a) 18 years of age or older, (

b) unable to make reasonable judgments in respect of matters relating to all or any part of his estate, and (

c) in need of a trustee, the Court may make an order appointing a trustee.

(2) The Court shall not make any order under subsec­ ti'On (1) unless it is satisfied that the order would be in the best interests of the person in respect of whom the application is made. 26.

(1) The Court may appoint as a trustee of the estate of a dependent adult any person 18 years of age or older who consents to act as trustee and in respect of whom the Court is satisfied that (

a) he will act in the best interests 'Of the dependent adult, (

b) he will not be in a position where his interests will conflict with the dependent adult's interests, (

c) he is a suitable person to act as the trustee of the estate of the dependent adult, and (

d) he is a resident of Alberta.

(2) The Court may require the person proposed as trustee to attend and answer questions to determine whether he meets the requirements of subsection (1). 27.

(1) In making a trusteeship order the C'Ourt may make its order subject to such conditions or restrictions as it considers necessary.

(2) Upon making a trusteeship order the Court shall specify (

a) the times at which the order must be reviewed by the Court which shall be at least once every two years, (

b) the. person required to apply to the Court for the reVIew, and (

c) any requirement to be complied with by the trustee or any other person with respect to a review of the circumstances of the dependent adult. 14

25. Appointment of a trustee. 26. Persons who may be appointed as trustee. 27. Trusteeship order. 14

2:8.

(1) Subject to this Act, where the Court makes a trustee,ship order, the trustee, with respect to the estate or that part of the estate under his trusteeship, (

a) has the right to and may take possession and control of all the real and personal property of the depend­ ent adult, and (

b) may manage, handle, administer, sell, dispose of or otherwise deal with the estate to the same extent as the dependent adult could have done if he were an adult able to make reasonable judgments in re­ spect of his estate.

(2) Any decision made, action taken, consent given or thing done by a truste'e shall be deemed for all purposes to have been decided, taken, given or done by the dependent adult as though he w'ere an adult capable of giving consent. 29. Subject to any restriction or condition imposed by the Court, a trustee may, in respect of the estate of the dependent adult under his trusteeship and without obtain­ ing the authority or direction of the Court, do all or any of the following: (

a) grant or accept leases of real or personal property for a term not exeeeding three years; (

b) invest any money in investments in which trustees are authorized to invest trust money under The Trustee, Act; (

c) deposit any money in the manner in which trust money can be deposited under The Trustee Act; (

d) transfer property held in trust by the dependent adult, either solely or jointly with another, to the person beneficially entitled thereto; (

e) dve a consent to the transfer or assignment of a lease where the consent is required; (

f) perform a contract entered into by the dependent ad ult or by his guardian; (

g) draw, accept and endorse bills of exchange and promissory notes, endorse bonds, debentures, coupons and other negotiable instruments and securities, and assign choses in action; (

h) give or receive a notiee on behalf of the dependent adult that relates to his estate. 3~. The Court may on such terms and conditions as it conSIders app~opr~ate, authorize a trustee to do all or any of the follOWIng In respect of the estate of a dependent adult under his trusteeship: 15

28. Effect of trusteeship order. 29. Effect of trusteeship order. 30. Additional authority that a Court may confer on a trustee. 15

(a) (b) (c) (d) (e) (f) (g) (h) (i) (

j) purchase sell, mortgage, grant or accept leases for more tha'n three years or otherwis'e dispos'e of real or personal property; exchange or partition property and give or receive money for equality of exchange or partition; carryon the trade or business of the dependent adult; surrender a lease, with or without accepting a new lease, or accept a surrender of a lease; exercise a power or give a consent required for the exercise of a power vested in the dependent adult; exercise a right or obligation to elect, belonging to or imposed upon the dependent adult; compromise or settle a debt; compromise or settle a 'Court action; notwithstanding The.

Trustee Act, invest funds in such securities and assets as the Court approves; do any other thing approved by the Court. Division 3 Duties of Trustee ,31.

(1) Where a trustee of the estate of a dependent adult is appointed or where an alternate trustee takes office, the following provisions apply unless the Court modi­ fies, alters or dispenses with some or all of them: (

a) the trustee, within six months of being appointed or taking office shall file in the office of the clerk of the Court a true inventory and account of the assets and liabilities of the estate of the dependent adult in respect of which he is appointed trustee; (

b) if any asset or liability of the 'estate of the depend­ ent adult is discovered after the filing of the inven­ tory and account, the trustee shall file a true in­ ventory and account of the asset or liability upon its discovery; (

c) every inventory and account shall be verified by the oath of the trustee or of some person in a position to verify it.

(2) Any interested person mav apply to the Court for an order that the trustee " (

a) bring in and pass his accounts; (

b) file an inventory of the assets and liabilities of the estate of the dependent adult; (

c) do such other thing as the circumstances may require. 16

31. Filing of inventory and accounts. 16

(3) A trustee shall, at least once every two years, file his accounts with the clerk of the Court and apply to the Court, upon such notice as the Court may direct, for an order pa,ssing his accounts and for such further or other order or direction as circumstances require. 32.

(1) A trustee shall, subject to this Act, exercise his authority for the maintenance, education, benefit and ad­ vancement of the dependent adult in respect of whose estate he is trustee.

(2) A trustee may, subject to this Act and with respect to the estate under his trusteeship, exercise his authority for the maintenance, education, benefit and advancement of (

a) the spouse of the d'ependent adult, if any, or (

b) any child under 18 years of age of the dependent adult, or (

c) any child of the dependent adult who is 18 years of age or over and who by reason of physical 'Or mental disability is unable to earn a living, or (

d) with the consent of the Court, any other person, or all or any of them. Division 4 Appointment of the Public Trustee .33. Where in the opinion of the Public Trustee the estate of a person is in need of a trustee and no person is willing, able or suitable to make an application for an order appoint­ ing a trustee or to be appointed as the trustee of a person's estate, or both, the Public Trustee shall (

a) make· an application for an order appointing him­ self or any other person as trustee of all or any part of that person',s estate, or (

b) notify any person proposing to make an applica­ tion for an order appointing a trustee whether or not he is willing to be appointed as the trustee of the estate of the person in respect of whom the application is proposed to be made. 34. Where the Court is not satisfied that a person pro­ posed as. a trustee in an application under this Act m'eets the. req:ulre~ents of this Act, it may, after giving notice of Its IntentIOn to the Public Trustee, appoint the Public Trustee. as the trustee of all or part of the estate of the person In respect of whom the application is made. 17

32. Manner in which trustee is to exercise authority. 33. Public Trustee's duties. 34. Court may appoint Public Trustee where a person proposed as trustee is not satisfactory. 17

Division 5 Other Trusteeship Provisions 35.

(1) Nothing in this Act or in any order of the Court made under this Act prevents a dependent adult or any interested person on his behalf from applying to the Court for a review of a trusteeship order at any time.

(2) Where an application is made to the Court for a review of a trusteeship order, the person making the appli­ cation shall, at least 10 days before the application is to be heard, serve a copy of the application on (

a) the dep'endent adult, (

b) the nearest relative of the dependent adult who is living in Canada if he is not the applicant, (

c) the trustee of the dependent adult if he is not the applicant or the nearest relative served pursuant to clause (b), (

d) if the dependent adult is a resident of a facility, the person in charge of the facility, (

e) the Public Trustee if he is not the applicant or the person served pursuant to clause (c), (

f) any trustee of the dependent adult if he is not the applicant or a person served pursuant to this sub­ section, and (

g) such other person as the Court may direct.

(3) The Court may, where it considers it appropriate to do so, (

a) shorten the time for service on all or any of the persons referred to in subsection (2), or (

b) dispense with the requirements for service on all or any of the persons referred to in subsection (2), except the Public Trustee. 36. Upon hearing an application for review of a trustee­ s~ip order the Court may amend, cancel, terminate, con­ tInue, vary or replace the order subject to any conditions or requirements it considers necessary. 37.

(1) Upon making a tru'steeship order or upon a review of a trusteeship order the Court may appoint an alternate trustee if (

a) the p'erson proposed as alternate trustee has given his written consent to act as trustee of the estate of the dependent adult in the event of the death of the original trustee, and 18

3S.Service of application for review. 36. Court order after. review of trusteeship order .. 37. Appointment of alternate trustee. 18

(

b) it is satisfied that the persons upon whom the ap­ lication for a trusteeship order or a review thereof is served pursuant to

section 35, subsection (2) have had sufficient notice of the willingness of the person proposed as alternate trustee to act as such.

(2) Section 26 applies to the person proposed as alternate trustee. 38.

(1) Where an alternate trustee is appointed, the alternate trustee shall take over the office of trustee with­ out further proceedings immediately upon the death of the original trustee.

(2) The alternate trustee shall notify the Court in writ­ ing of the death of the original tvustee and s'end the Court a copy of the death certificate of the original trustee.

(3) Upon the appointment of the alt'ernate trustee becom­ ing effective, the authority of the alternate trustee shall be the same as that of the trustee he replaces. 39.

(1) The trustee or any interested person may apply to the Court for an order discharging the trustee from his office.

(2) An application pursuant to subsection (1) shall be made in the judicial district in which the dependent adult is ordinarily resident.

(3) The person making an application under subsection (1) shall, at least 10 days before the date the application is to be heard, serve a copy of the application on the persons referred to in

section 22, subsection (2) and the provisions of

section 22, subsection (3) apply.

(4) Where the Court considers that the estate of a dependent adult is no longer in need of a trustee or if the Court is satisfied that a trustee (

a) is unable or unwilling to continue to act as trustee, or (

b) refus'es to act or to continue to act as trustee, or (

c) fails to act as trustee or fails to act in accordance with a trusteeship order, or (

d) acts in an improper manner or in a manner whicVt has or which may endanger the estate of the depend­ent adult, or (

e) has been guilty of a breach of trust, or (

f) is no longer a suitable person to act as trustee, or (

g) is no longer a resident of Alberta t~e Co,:!rt may make an order dischargin~ the trustee from hI~ off~ce or ~ake such other order as it considers appro­prIate In the CIrcumstances. 19

38. Authority of the alternate trustee. 39. Discharge of trustee. 19

(5) Before making an order under subsection (4) the Court shall satisfy itself that, where necessary, (

a) suitable arrangements have been or will be made in respect of the estate of the dependent adult, or (

b) an :application for another trusteeship order will be made. 40. Where the Court terminates a trusteeship order or discharges a trustee from his office the Court may require the trustee to bring in and pass his accounts and file a true inventory of the ass'ets and liabilities of the estat'e under his trusteeship within such time as may be specified in the order. 41.

(1) Upon the death of a trustee and in the absence of an alternate trustee, the Public Trustee, upon receiving notice of the death of the trustee, becomes trustee of the estate of the dependent adult, with the same authority as the former trust'ee.

(2) The Public Trustee -continues to be the trustee of the estate of the dep'endent adult until (

a) a new trustee is appointed by the Court, or (

b) the Court makes an order discharging the Public Trustee as trustee of the estate of the dependent adult. 20

40. passing accounts. 41. Automatic appointment of Public Trustee upon the death of a trustee where no alternative trustee appointed. 20

PART 3 COMMON GUARDIANSHIP AND TRUSTEESHIP PROVISIONS 42. A guardian or trustee m'ay on behalf of a dependent adult sign and do all such things as are necessary to give effect to any power 'Or authority vested in him. 43.

(1) A guardian, subj ect to any provision contained in the guardianship order appointing him, may purchase necessaries for the dependent adult without the consent of the dependent adult or of the trustee 'Of his estate, if any.

(2) Where a guardian purchases necessaries for the dependent adult (

a) the dependent adult is liable to pay· for them or reimburse the guardian for any money expended by him in the purchase of the necessaries, or (

b) where there is a trustee of the estate of the depend­ ent adult, the trustee shall, out of the estate, pay f'Or the necessaries or reimburse the guardian for any money expended by him in the purchase of the necessaries. 44. Where a guardian or a trustee enters into a contract on behalf of a dependent adult, the contract is binding on the dependent adult after the guardianship order or trusteeship order is terminated, in the same manner and to the same extent as if the dependent adult had made the contract and he had been an adult c'apable 'Of making the contract. 45.

(1) Any guardian or trustee may apply by origin­ ating notice for the opinion, advice or direction of a judge of the Supreme Court or 'Of the Surrog'1ate Court on any question respecting a dependent aduU or respecting the management or administration of his estate.

(2) The guardian or the trustee acting upon the opinion, advice or direction given by a judge of the Supreme Court or the Surrogate Court shall be deemed so far as his own respo~sibility is concerned, to have discharged his duty 'as gu:;trdIan or trus,tee, as the case may be, in respect of the subJ ect matter of the opini'On, advice or direction. (3) . Subsection (~) does not operate to indemnify a g~ardIan or ~r?stee In respect of any act done in accordance WIth the opInIon, a;dvice or direction if the guardian or trust~e has been g.uIlty of any fraud or wilful concealment 0: mI~representatIOn in obtaining the opinion, advice or dIrectIOn. 21

42. Self-explanatory. 43. Purchase of necessaries. 44. Contracts binding. 45. Direction of the Court. 21

46. A guardianship order or a trusteeship order is not of itself sufficient to estabHsh that a dependent adult does not have legal capacity to make a ,testamentary disposition, 47.

(1) In this

section "foreign order" means any order of lany c'Ourt outside Alberta finding a person to be 18 years of age or older and unable to manage his affairs or estate or an order committing the estate of a person unable to manage it to a trustee,

(2) Where any foreign 'Order is made in (a) ,any province or territory of Canada, or (

b) any judsdiction outside Canada, approved by the Lieutenant G'Overn'Or in C'Ouncil, the f'Oreign order may be resealed upon an 'Order of the Surr'Ogate Court and thereuP'On the foreign 'Order (

c) is 'Of the same f'Orce and effect in Alberta 'as if it were issued by the Surr'Ogate C'Ourt, (

d) is, as regards an estate in Alberta, :subject t'O any 'Order 'Of the Surrogate C'Ourt t'O which a trustee­ ship 'Order is subject, and is, as regards a person in Alberta, subj ect t'O any 'Order of the Surr'Ogate C'Ourt t'O which a guardianship 'Order is subject, and (

e) is, as regards an estate in Alberta, subject t'O appeal and reviews in the same manner as a trusteeship 'Order and is, as regards a pers'On in Alberta, subject t'O appeal 'and review in the same manner 'as a guardianship 'Order.

(3) A duplicate 'Of a f'Oreign 'Order sealed with the seal of the C'Ourt that sealed it 'Or a C'OPy 'Of a f'Oreign 'Order certified by 'Or under the directi'On 'Of the court that granted it, itS as effective as the 'Original. ( 4) A f'Oreign 'Order shall n'Ot be resealed under this secti'On until ('

a) a certificate has been issued by the registrar, clerk 'Or 'Other 'Officer 'Of the c'Ourt 'Or 'Other b'Ody that iS,sued the f'Oreign 'Order ithat security has been gIven t'O that c'Ourt in a sum sufficient t'O c'Over the wh'Ole 'Of the estate 'Of the pers'On in respect 'Of whom it was made, and (

b) security has been given t'O a c'Ourt in Alberta to ~'Over the part 'Of the estate in Alberta of the pers'On In respect 'Of wh'Om it was made, unless the Sur­ r'Ogate C'Ourt dispenses with security. 48. The Surr'Ogate C'Ourt 'Or the Supreme C'Ourt of Al­ berta may 'Order that the C'Osts 'Of any application or report made t'O it pursuant t'O this Act be paid by 22

46. Testamentary disposition made by dependent adult. 4'1. Foreign orders. 48. Costs of reports and applications. 22

(

a) the person making the application, or (

b) the person in respect of whom the application is made, or (

c) the estate of a dependent adult, or (

d) the Crown in right of Alberta, or by all or any two of them. 23

PART 4 TRUSTEESHIP WITHOUT COURT ORDER AND APPEAL PANELS Division 1 Trusteeship Without Court Order ·49.

(1) Where, after separate examinations of a person 18 years of age or older who is resident for anyperiod of tim'e in a facility at the time the examinations are made, (

a) two physicians, or (

b) a physician and a therapist, are of the opinion that the person is unable to make reason­ able judgments with respect to all or any matters pertain­ ing to his estate, they may issue a certificate of incapacity in the form prescribed in the regulations.

(2) The certificate of incapacity shall show (

a) the names of (

i) the two physicians, or (ii) the physician and the therapist, issuing it, (

b) the date that each examination was made, (

c) the facts upon which the therapist, where appro­ priate, and each physician formed his opinion that the person was unable to make reasonable judg­ ments with respect to all or any matters pertaining to his estate, distinguishing the facts observed by him from the facts communicated to him by others, (

d) the date of issue, and (

e) the signatures of the persons issuing the certificate. 50. Immediately after a certificate of incapacity is issued, one of the physicians who signs the certificate shall (

a) notify or cause to be notified, the Public Trustee, (

b) mail or cause to be mailed to (

i) the Public Trustee, the certificate of incapacity, and (ii) t~e person's guardian or if he has no guardian hIS nearest relative living in Canada, a copy of the certificate of incapacity, and (

c) mail or cause to b~ mailed to the Public Guardian, a copy of the certIficate of incapacity if he is not served pursuant to claus'e (b). 24

49. Certificate of incapacity. 50. Notification of issue of certificate of incapacity. 24

(1) Subject to this section, upon the issue of a cer­ tificate of incapacity the Public Trustee becomes the trustee of the estate of the person named in the certificate.

(2) Where (

a) after a certificate of incapacity has been issued the Public Trustee learns that a trusteeship 'Order is in effect with resp'ect to the estate of the pers'On named in the certificate, and (

b) the Public Trustee has n'Ot taken any acti'On 'Or d'One any thing with respect t'O the 'estate between the time the certifkate was issued and the time he learns the trusteeship order is in effect, the Public Trustee may apply to the Court for a review of the trusteeship order in accordance with s'ection 35 and shall not take any action or do any thing with respect t'O the estate until the trusteeship order is reviewed.

(3) Where the Public Trustee does not make an applica­ tion for review within 28 days of the date 'On which he learns a trusteeship order is in effect pursuant to subsecti'On (2), the certificate of incapacity shall be deemed t'O be cancelled.

(4) Where (

a) after a certificate of incapacity has been issued the Public Trustee learns that a trusteeship order is in effect with respect to the estate of the pers'On named in the certificate, and (

b) the Public Trustee has taken any action or done any thing with respect to the estate, the Public Trustee shall apply to the Court for a review of the trusteeship order in accordance with

section 35.

(5) In addition to any 'Other powers the Court has, it may, in the circumstances of a review described in sub­ section (2) or (4), (

a) terminate the trust'eeship order and direct that the certificate of incapacity shall have 'effect fr'Om a date specified by the Court, and (

b) make any order it c'Onsiders necessary to res'Olve any matter resulting from the fact that b'Oth a trusteeship order and a certificate of incapacity were in effect with respect to a person's estate.

(6) Notwi~hstandi.ng that a certificate of incapacity is of no effect, If a trusteeship order exists with respect t'O a person na~'ed in a certificate of incapacity, any acti'On taken or th:mg done by the Public Trustee in the belief that no trusteeship order was in existence with respect to the es!ate of the person is as valid as if the action taken 'Or thIng done had been tak'en or done by the Public Trustee 25

51. Possible conflicts between certificate of incapacity and trusteeship order resolved. 25

pursuant to a certificate of incapacity and as if no trustee­ ship order had been in effect with respect to the 'estate of that person. 52 ..

(1) The Public Trustee shall, at least once every two years, apply to an appeal panel to have each certificate of incapacity reviewed by the appeal panel.

(2) The Public Trustee shall, at least 10 days before the review is to be heard by an appeal panel, s'erve a copy of the application on (

a) the person named in the certificate of incapacity to be reviewed, (

b) the person's guardian Dr if he he has no guardian his nearest relative living in Canada, (

c) if the person is a resident 'Of a facility, the person in charge of the facility, and (

d) the Public Guardian if he is not served pursuant to clause (b).

(3) After hearing the application for review of a cer­ tificate of ~ncapacity the appeal panel, where it is satisfied that the person in respect of whom the application is made is (

a) unable to make reasonable judgments in respect of matters relating to all or any part of his estate, and (

b) in need of a trustee, may order that (

c) the certificate of incapacity is to continue in effect with respect to all of the estate of the person named therein, or (

d) the certificate of incapacity is only to apply to that part of the estate named in the order, and shall specify the time within which the certificate of incapacity is toO be reviewed again by the appeal panel wh~ch shall not be longer than two years fr'Om the date of reVIew unless before that time the certificate of incapacity ~s terminated pursuant to this Act. ( 4 ~ Where ~he appeal panel is satisfied that a person who IS the subject of a certificate of incapacity is able to m~k~ reaso~able judgments with respect to matters per­ tmn[ng to hIS estate i.t may issue an order terminating the certificate of incapacity.

(5) The persons served under subsection (2) shall be notified by the chairman of the appeal panel 'Of the order made under thi,s section. 26

52. Review of certificate of incapacity at least once every two years. 26

(1) Where, after separate examinations by each of them, (

a) two physic:ians, or (

b) a physician and a therapist, are of the opinion that a person who is the subject of a certificate of incapacity is able to make reasonable judg­ ments with respect to matters pertaining to his estate, they may issue an order terminating the certificate of incapacity.

(2) The order terminating the certificate of incapacity shall show (

a) the names of (

i) the two physicians, or (ii) the physician and the therapist, who issued it, (

b) the date that each examlination was made, (

c) the facts on which the therapist, where appropriate, and each physician formed in his opinion that the person was able to make reasonable judgments with respect to his estate, distinguishing the facts ob­ served by him from the facts communicated to him by others, (

d) the date of issue, and (

e) the signatures of the persons issuing it. 54. Immediately after an order terminating a certificate~ of incapacity is issued pursuant to

section 53, the physician who signed the order shall (

a) notify or cause to be notified, the Public Trustee, (

b) mail or cause to be mailed to (

i) the Public Trustee, the order, and (ii) the person's guardian or if he has no. guardiar the nearest relative of the person concernec who is living in Canada, a copy of the order and (

c) mail or cause to be mailed to the Public Guardiar a copy of the 'order if the Public Guardian is no· served pursuant to clause (b). 550 Upon (

a) notif~cat~on of an. ?rder of the Supreme Cour termInatIng a certIfIcate of incapacity, or (

b) notification of a trusteeship order, or (c) ~eceipt of ~~ order t~rminating, varying or amenc Ing a certIfIcate of Incapacity pursuant to sectio 52 or 53, 27

53. Termination of certificate of incapacity. 54. Persons to be notified of termination of certificate of in­ capacity. SSe Termination of trusteeship of Public Trustee. 27

the Public Trustee ceases to be the trustee of the estate or that part of the estate specified by an appeal panel of the person named in the certificate of incapacity and shall account to that person for the estate or that part of the estate formerly under his trusteeship. 56. A certificate of incapacity remains in effect until (

a) a trusteeship order is made by the Court, or (

b) it is terminated by an appeal panel, or (

c) it is terminated by an order of the Supreme Court, or (

d) it is terminated pursuant to

section 53. Division 2 Rights of Persons in respect of whom a Certificate of Incapacity is issued 57.

(1) Upon receipt by the Public Trustee of a certifi­ cate of incapacity, the Public Trustee shall give a written statement to (

a) the person in respect of whom the certificate of incapacity is issued, (

b) the guardian of the person in respect of whom the certificate of incapacity is issued or if he has no guardian his nearest relative living in Canada, and (

c) the Public Guardian if he is not served under clause (b), containing the following information (

d) a statement to the effect that a certificate of in­ capacity has been issued, (

e) an explanation of the effect of the certificate of incapacity, and (

f) a statement as to the right of the person in respect of whom the certificate is issued to appeal to an appeal panel for termination of the certificate of incapacity. <2) Wh~re ~h~ person in respect of whom .the certificate of IncapaCIty IS Issued, his guardian or nearest relative, as the case may be, is unable to understand the wriUen state­ ment, the P~blic Trustee shall, by whatever means 'are most ~pproprI~te, ensure that as far as possible the person and hIS guardIan or nearest relative, as the case may be, understand the matters referred to in subsection (1), clauses (

d) to (f). 28

56. Period of time that a certificate of incapacity remains in effect. 57. Persons to be notified of the effect of a certificate of in­ capacity. 28

Division 3 Appeal Panels 58.

(1) The Minister shall establish one or more appeal panels for the purpose of hearing and considering applica­ tions from perSDns in respect 'Of whom a certif~cate of incapacity has been issued.

(2) Each appeal panel shall be appointed by the Minister and cDmpDsed 'Of (:

a) tWD phYlsicians Dr 'One physician and one therapist, (

b) a solicitor who shall be chairman, and (

c) a person representative of the general public.

(3) The Minister may designate a vice-chairman of the appeal panel and may appoint one or more alternate mem­ bers 'in accordance with subsection (2) and where for any reaSDn a member 'Of an appeal panel cannDt act he shall be replaced by an appropr:iate alternate member WhD shall act until the hearing is complete, and when so acting, an alter­ nate member is a member for all purpDses.

(4) The Minister may periDdically review the appoint­ ment 'Of the members and alternate members tD appeal panels and make such changes as he cDnsiders advisable. 59.

(1) A qUDrum fDr an appeal panel is three members I~ Dr alternate membe'rs appointed pursuant tD

section 58.

(2) Each member 'Of the appeal panel is entitled tD 'One vDte.

(3) A decisiDn 'Of a majDrity 'Of the m'embers is the deci­ sion of the appeal panel. 60.

(1) ND person WhD is actively serving as a member 11~ of the staff of a facility is el~gible to sit as a member or ~I alternate member of an appeal panel when the panel is CDn­ sidering an application from a perSDn in respect 'Of whom a certificate of incapacity has been issued and WhD is Dr was a reslident of the facility with whkh he is connected.

(2) No person WhD is (

a) related by blood or marriage tD a person applying to an appeal panel, Dr (

b) a person who is treating or who has treated a person applying tD an appeal panel, Dr (

c) a solicitor WhD is acting Dr who has acted fDr a . .. person applying tD an app'eal panel, IS elIgIble to be appointed as Dr tDsdt as a member 'Or alternate member of an appeal panel for an application by that perSDn. 29

58. Establishment of appeal panels. 59. Quorum and decisions of appeal panels. 60. Persons who are not petmitted to be appointed or sit as members of appeal. panels. 29

(1) An appeal panel shall hear and con~ider appeals in accordance with this Act and the regulations and for that purpose the members of the appeal panel have a!l the powers of a commissioner appointed under The Publ'tc In­ quiries Act.

(2) The Minister shall provide such secretarial, legal, consultative and other assistance to each appeal panel as may be required. Division 4 Appeals from Certificate of Incapacity to Appeal Panel 62.

(1) A person in respect of whom a certificate of in­ capacity is issued may appeal to an appeal panel for ter­ mination of the certificate of incapacity by sending notice of appeal to the chairman of the appropriate appeal panel in the form prescribed in the regulations.

(2) An appeal for the termination of a certificate of in­ capacity may be made by the person in respect of whom it is issued or an interested person on his behalf.

(3) After the first appeal to an appeal panel, the persons referred to in subsection (2) may not make any further appeal for termination of the certificate of incapadty until the expiration of six months following the decision of an appeal panel but the Public Trustee or the Public Guardian may appeal at any time.

(4) Where an appeal has been made to an appeal panel by a p'erson no other appeal shall be made by that person until the appeal panel has disposed of the appeal. 63.

(1) Upon receipt of an appeal under

section 62, the chairman of an appeal panel shall give notice to (

a) the applicant and any person acting on his behalf, (

b) the guardian of the applicant or if there is no guard­ ian, the nearest relative of the applicant living in Canada and any other person that the chairman con­ siders may be affected by the application and should be notified, (

c) the Public Thustee, and (

d) the Public Guardian if he is not served pursuant to clause (b), of the date, time and place of the hearing.

(2) As soon as it ~s able to do ISO, the appeal panel shall carry out whatever Investigation and hearing it considers necess'ary !lnd may invite the applicant and any other per­ son to testIfy or produce evidence at the hearing. 30

&1. powers of appeal panels and clerical assistance. 62. Appeal for cancellation of certificate of incapacity. 63. Notice of appeal. 30

(1) All pr'Oceedings 'Of an appeal panel shall be c'On­ ducted in private and, subject to subsecti'On (2), n'O pers'On has a right t'O be present with'Out the pri'Or c'Onsent 'Of the chairman.

(2) The applicant and his representative and th'Ose per­ s'Ons served pursuant t'O secti'On 63 have the right t'O be pers'Onally present during the presentation 'Of any evidence t'O the appeal panel, but if in the 'Opini'On 'Of the appeal panel there may be an adverse effect 'On the applicant's health by his presence, the applicant may be excluded, but in that event the appeal panel shall apP'Oint a pers'On t'O 3ict 'On his behalf if he d'Oes n'Ot already have a representative.

(3) The applic'ant 'Or pers'On acting 'On his behalf has the right 'Of cr'Oss-examinati'On. ( 4) Except as permitted by the chairman and except where the rep'Ort is published by the appliC'ant 'Or his rep­ resentative, n'O pers'On shall publish any rep'Ort 'Of a hearing, investigati'On 'Or deliberati'On by an appeal panel ''Or the names 'Of any pers'Ons c'Oncerned therewith.

(5) The chairman 'Of an appeal panel may adj 'Ourn a hearing f'Or any peri'Od up t'O 21 days, and with the c'Onsent of the Minister for a longer period, for any purpose he con­ siders necessary. 65.

(1) Within 28 days of the receipt 'Of an appeal by the chairman 'Of an :appeal panel under

section 62 or such longer period as the Minister allows, the appeal panel shall hear and consider the appeal.

(2) An appeal panel may, in the same manner as it comes to a decision under

section 52, make any 'Of the 'Orders spec­ ified in

section 52.

(3) Where an appeal panel terminates a certificate of incapacity the chairm:an thereof shall immediately notify the Public Trustee. (~) Within seven days of the date of its decision, the chaIrman of the appeal panel shall send a written report of the decision to the same pers'Ons wh'O were served pursuant to s~ction 63, ~ubsection (1) and any other person that the chaIrman conSIders should be notified. < 5) Wh~re the 'appeal panel refuses to cancel a certificate of IncapacIty, the written report shall contain a statement of the right of the applicant to appeal the decision to the Supreme Court under

section 66 . . ( 6). An appeal panel may order that the C'Osts of any a p_ b~catlOn or report made to it pursuant t'O this Act be paid (

a) the person making the 'application, 'Or 31

64. Proceedings of appeal panel. 65. Decision of appeal panel. 31

(

b) the person in respect of whom the application is made, or (

c) the estate of a dependent adult, or (

d) the Crown in right of Alberta, or by all or any two of them. 32

PART 5 APPEAL, REGULATIONS, TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT Division 1 Appeal and Regulations 66.

(1) Within 21 days, or such further time as the Su­ preme Court may permit, of (

a) the making of a guardianship order or a trustee­ ship order, or (

b) the making of an order by an appeal panel, the dependent adult, any person in respect of whom a cer­ tificate of incapacity is issued or any interested person on behalf of either of them, may appeal to the Supreme Court by way of originating notice.

(2) The originating notice shall be served upon (

a) any guardian and trus,tee, (

b) the Public Trustee and the Public Guardian if they are not served pursuant to clause (a), (

c) where the appellant is a resident of a facility, the person in charge of a facility, and (

d) such 'Other persons as the Court may direct, not less than 15 days before the motion is returnable and the practice and procedure of the Supreme Court pertaining to applications by originating notice applies, so far as it is 'applicable, to an application under this section, except as otherwise provided by this ,section.

(3) The notice of appeal shall be supported by an affi­ davit of the applicant setting forth fully all the facts in support of his appeal.

(4) In addition to the evidence adduced by the applicant, the Supreme Court may direct such further evidence to be given as it considers necessary.

(5) The Suprem.e Court may make whatever order as tc the costs of the application it considers fit.

(6) The Supreme Court may reverse confirm or vary the order of the Surrogate Court or the appeal panel or rna) make such other order as it considers just. 67.

(1) The Lieutenant Governor in Council may mak( regulations ' 33

66. Appeal to the Supreme Court. 67. Regulations. 33

(a) (b) (c) (

d) governing appeals to appeal panels and proceedings in connection therewith and with respect to hear­ ings consideration and investigations of appeal pan~ls and matters incidental thereto and conse­ quential thereon; governing the methods by whieh information rele­ vant to an application may be obtained by or fur­ nished to an appeal panel and concerning visits and interviews of applicants in private; for making available to any applicant copies of any documents obtained by or furnished to an appeal panel in connection with the application and a state­ ment of the substance of any oral information so obtained or furnished except where the appeal panel considers it undesirable in the interests of the applicant, or for other special reasons, that this be done; prescribing a

schedule of costs payable in respect of any application made to an appeal panel or report prepared for the purposes of the panel and for any other matter connected with the hearings and pro­ ceedings of appeal panels.

(2) The Lieutenant Governor in Council may make reg­ ulations (

a) prescribing such forms as lare necessary for the purposes of this Act and the regulations; (

b) designating places as facilities for the purposes of this Act and the regulations; (

c) designating the person in charge of a facility for the purposes of this Act and the regulations; (

d) approving jurisdictions outside Canada for the purposes of

section 47; (

e) prescribing the remuneration and travelling and living expenses payable to the chairman and other members of appeal panels. Division 2 Transitional and Consequential 6~.

(1) A certifkate of incapaei,ty issued pursuant to

sectIon 35 of The Mental Health Act 1972 before the comingil into force ?f this Act shall be dee~ed for all purposes to have been Issued pursuant to this Act.

(2) Within. two years of the date this Act comes into for~e the Publ!c. Trustee ~hall apply to an appeal panel for a revI~w of certIfICates of Incapacity referred to in subsection (1) In the same way he applies for a review under

section J52. 34

68. Certificates of incapacity issued· under The Mental Health Act, 1972. 34

(1) An applicati'On t'O a review panel f'Or cancellation of a certificate 'Of incapacity made pursuant t'O

section 38 'Of The Mental Health Act, 1972 'Or deemed t'O have been issued under

section 63 'Of The Mental Health Act, 1972 bef'Ore the cDming int'O f'Orce 'Of this Act shall be cDntinued to its c'OnclusiDn as if this Act had nDt CDme int'O f'Orce and the prDvisi'Ons 'Of The Mental Health Act, 1972 amended or repealed by :this Act had remained in f'Orce.

(2) The right 'Of appeal under isecti'On 42 'Of The Mental Health Act, 1972 cDntinues with respect t'O any application referred tD in subsection (1). 70. An appeal t'O the Supreme CDurt with respect to a decisiDn 'Of a review panel relating t'O a certificate 'Of in­ capacity pursuant to secti'On 46 'Of The M ental Health Act, 1972 before the coming intD force 'Of this Act shall be con­ tinued tD its cDnclusiDn 'as if this Act had nDt CDme into fDrce and the prDvisions of The Mental Health Act, 1972 amended or repealed by this Act had remained in force. 71.

(1) Any order made by the Supreme Court of Al­ berta committing the custody 'Of perSDns tD a committee of I 'One 'Or mDre perSQns shall, up 'On the cDming int'O force of this Act, cQntinue tD have effect as if this Act had nDt come intQ fQrce and The Mentally Incapacitated Persons Act had remained in force.

(2) The cDmmittee referred tD in subsectiDn (1) shall apply fDr a review of the 'Order in the same m'anner that a guardian applies fQr a review 'Of a guardianship 'Order under

section 15 'Of this Act.

(3) Where the Public Guardian becQmes aware 'Of an 'Order referred to in subsectiDn (1) which has nQt been re­ viewed 'Or fQr which an applicatiQn fQr review has not been made, the Public Guardian shall apply fQr a review of the 'Order in 8iccQrdance with sectiQn 15 'Of this Act.

(4) UpQn hearing an applicatiQn for review 'Of an order referred to in subsectiQn (1), the CQurt shall (

a) terminate the 'Order, land (

b) where it cQnsiders it apprQpriate tQ dQ so make an 'Order apPQinting a plenary 'Or partial guardian 'of the perSQn named in the 'Order in accQrdance with this Act. 72.

(1) Any 'Order made by the Supreme CQurt 'Of Al­ berta cQmmitting the custQdy and management 'Of the estate 'Of a perSQn t~ a ~Qmmi.ttee 'Of 'One 'Or mQre perSQns shall, UPQn the. CQ~lng IntQ fQrce 'Of this Act, cQntinue to have effect as If. thIS Act had nQt CQme intQ fQrce and The Mental­ ly Incapacltated Persons Act had remained in fQrce. 35

69. Applications for cancellation of certificate of incapadty continued to its conclusion under The Mental Health Act, 1972. 70. Appeals to the Supreme Court continued to their conclusion under The Mental Health Act, 197 1 2. 71. Custody orders under The Mentally Incapacitated Persons Act. 72. Custody and management of estate orders under The Men­ tally Incapacitated Persons Act. 35

(2) The committee referred to in subsection (1) shall apply for a review of the order in the same m'anner that a trustee applies for a review of a trusteeship order under sec­ tion 35 of this Act.

(3) Where the Public Trustee becomes aware of an order referred to in subsection (1) which has not been reviewed or for which an application for review has not been made, the Public Trustee shall apply for a review of the order in accordance wirth

section 35 of this Act.

(4) Upon hearing an application for review of an order referred to in subsection (1), the Court shall (

a) terminate the order, and (

b) where it considers it appropriate to do so, make an order appointing a trustee of the whole or any part of the estate of the person named in the order in accordance with this Act. 73.

(1) Any order made by the Supreme Court of Al­ berta committing (

a) the custody of a person, and (

b) the custody and management of the estate of the person, to a eommittee of one or more persons shall, upon the com­ ing into force of this Act, continue to have effect as if this Act had not come into force and The Mentally Incapacitated Persons Act had remained in force.

(2) The committee referred to in subsection (1) shall apply for a review of the order in the same manner that a trustee applies for a review under

section 35 of this Act and shall, in addition, give notice of the application for review to any person who would have received notice of it if the review had been of a guardianship order under

section 15 of this Act.

(3) Where the Public Trustee or the Public Guardian becomes aware of an order referred to in subsection (1) which has not been reviewed or for which an application for review has not been made (

a) the Public Trustee shall 'apply for a review of the order in accordance with

section 35 of this Act, and (

b) the Public Guardian shall apply for a review of the order in accordance with

section 15 of this Act.

(4) Upon hearing an applieation for review of an order referred to in subsection (1) the Court shall (

a) terminate the order or terminate that part of the order being reviewed by him, and (

b) where it considers it appropriate to do so make an order appointing a trustee of all or any p~rt of the 36

73. Custody and estate orders under The Mentally Incapacitated Persons Act. 36

estate of the person or appoint a plenary or partial guardian of the person named in the order, as the case may be, in accordance with this Act. 74. Any application made or trial commenced pursuant to

section 7, 8 or 9 of The Mentally Incapacitated Persons Act before the coming into force of this Act shall be contin­ ued to its conclusion as if this Act had not come into force and The Mentally Incapacitated Persons Act had remained in force. 75. Any application made under

section 11 of The Men­ tally Incapacitated Persons Act before the coming into force of this Act shall be continued to its conclusion as if this Act had not come into force and The Mentally Incapacitated Persons Act had remained in force. 76.

(1) Notwithstanding that for the purposes of sec­ tions 71 to 73 of this Act The Mentally Incapacitated Per­ sons Act remains in force, no ,application to amend, vary, terminate or do any other thing with respect to an order or a person named in an order or in respect of his estate shall be made under that Act.

(2) Where a need arises to apply toa court with respect to anything related to an order referred to in sections 71 to 73, that application shall be made under this Act and, where the court to whom the applkatjon is made is satisfied that an order needs to be made before it is re­ viewed in accordance with sections 71 to 73, the court may make the order as though the original order had been made under this Act.

(3) Where a court makes any order under this

section it shall also direct the time within which and the persons who shall apply for a review in accordance with sections 71 to 73. Division 3 Consequential Amendments 77. The Emergency Medical Aid Act is amended by striking out

section 4. 78. The Limitation of Actions Act is amended as to sec­ tion 59, subsection (2) by striking out clause (

b) and sub­ stituting the following clause: (

b) where the person under disability is a person in respect of whom (

i) a committee is appointed under The Mentally Incapacitated Persons Act, or 37

14. Application and trials continued. 75. Application continued. 76. Snecial circumstances requiring court order before a review by the Surrogate Court. 71. Amends

chapter 122 of the Revised Statutes of Alberta

Section 4 presently reads: 4. Where an adult person (

a) is, in the written opinion of two physicians, in need of an examination or medical, surgical or obstetrical treatment or is, in the written opinion of two dentists, in need of dental treatment, (

b) is incapable by reason of mental or physical disability of understanding and consenting to the examination or medical, surgical, obstetrical or dental treatment needed, and (

c) has not previously withheld consent to the examination or medical, surgical, obstetrical or dental treatment needed, to the knowledge of either of the physicians or the dentists referred to in clause (a), a physician or dentist may, without the consent of any person, (

d) examine the person, (

e) prescribe treatment for the person, and (

f) provide the person with such medical, surgical or obstetrical treatment or with such dental treatment, as the case may be, in such a manner and to such an extent as is reasonably necessary and in the best interests of the person examined or treated, in the same way that the physician or dentist could have acted if the person had been an adult of full legal capacity and had consented to such examination or treatment. 78. Amends

chapter 20'9 of the Revised Statutes of Alberta

Section 59 presently reads: 59,

(1) Where a person entitled to bring an action to which this Part applies is under disability at the time the cause of action arises, he may commence the action at any time within two years from the date he ceased to be under disability. (2) Subsection (1) does not apply (

a) where the person under disability is an infant in the actual custody of a parent or guardian, or (

b) where the person under disability is a mentally incapacitated person whose affairs are in the custody of a committee or of the Public Trustee. 37

(ii) a guardianship order under The Dependent Adults Act is in effect and the guardianship order (

A) appoints a plenary guardian in respect of the person under disability, or (

B) appoints a partial guardian who has cap­ acity to commence an action. 79. The Marriage Act is amended as to

section 27 by striking out subsection (1) and substituting the following subsection: 27.

(1) No person shall issue a marriage licence or solemnize a marriage where he knows or has reason to believe that there is in effect with~ respect to a party to the intended marriage (

a) a committee under The Mentally Incapacitated Persons Act, or (

b) a guardianship order or trusteeship order under The Dependent Adults Act, or (

c) a certificate of incapacity under The Dependent Adults Act, unless there is delivered to him a certificate under sub­ section (2) and, where there is a trustee or a guardian of a party to the intended marriage, proof that the trustee or guardian has been given 14 days' notice of the issuance of the licence or the solemnization of the marriage, as the case may be. so. The Administration of Estates Act is amended as to

section 8, subsection (3) by striking out clause (

b) and substituting the following clause: (

b) direct that the applicant or some other person apply to have 'a trustee of the child's estate appointed under The Dependent Adults Act. 081. The Family Relief Act is amended (

a) as to

section 14, subsection (2) by striking out clause (

a) and substituting the following clause: (

a) by the trustee of the estate of a dependant 18 years of age or older on behalf of the dependant where the dependant is one for whose estate a trustee has been appointed by a court or des­ ignated by statute, and (

b) as to ~ect.ion 14, by stri~ing out subsection (3) and substduhng the follow~ng subsection: 38

79. Amends

chapter 226 of the Revised Statutes of Alberta 197'0.

Section 27, subsections (1) and (2) presently read: 27.

(1) No person shall issue a marriage licence or solemnize a marriage where he knows or has reason to believe that there is in effect with respect to a party to the intended marriage (

a) a decl.aration under The Mentally Incapacitated Persons Act that the party IS of unsound mind or is incapable of managing his affairs, or (

b) a certificate of incapacity under The Mental Health Act, 1972, ?nless ther~ is delivered to him a certificate under subsection (2) and, where there IS a C?mmlttee of the .estate of a party to the intended marriage, proof that the commIttee has been gIven at least 14 days' prior notice of the issuance of the licence or the solemnization of the marriage, as the case may be. ~2.) A duly qualifi~ m~ical practitioner may certify in writing that in his opInIOn a party descrIbed In subsection (1), clause (

a) or (

b) has the capacity to understand the nature of the contract of marriage and the duties and responsibilities relating thereto. 80. Amends

chapter 1 of the Revised Statutes of Alberta

Section 8, subsection (3) presently reads:

(3) Where the deceased is survived by a child who was 18 years of age or over at the time of the deceased's death, is unable by reason of mental disability to earn a livelihood but for whose estate there is no committee, the judge may, having regard to the value of the estate, the circumstances of the child and the likelihood of success of an application made on the child's behalf under The Family Relief Act, (

a) direct that a grant for probate or administration in the deceased's estate not be issued until a committee has been appointed of the child's estate, and (

b) direct that the applicant or some other person apply to have a committee of the child's estate appointed under The Mentally Incapacitated Persons Act. 81. Amends

chapter 134 of the Revised Statutes of Alberta 197n.

Section 14, subsections (2) and (3) presently read:

(2) An application may be made (

a) by the committee of the estate of a dependant, on behalf of the dependant, where the dependant is one for whose estate a committee has been appointed by the court or designated by statute, and (

b) by a parent or by a guardian appointed by the court or by the Public Trus­ tee, on behalf of an infant dependant.

(3) Where a dependant is an infant, or a person of u!lsound mind, or. a :pers~n for whose estate the Public Trustee is committee, notIce of any applIcatIOn In respect of an estate in which such dependant is interested shall be served upon the Public Trustee and the Public Trustee is entitled to appear and to be heard upon the application. 38

(3) Where the dependant is an infant or the sub­ ject of an order under The Mentally Incapacitated Persons Act ora guardianship order, trusteeship order or a certificate of incapacity under The Dependent Adults Act, or a person for whose estate the Public Trustee is trustee, notice of any ap­ plication in respect of ·an estate in which the de­ pendant is interested shall be served on the Public Trustee and any other trustee, and the Public Trustee or any other trustee is entitled to appear and to be heard upon the application. 82. The Mental Health Act, 1972 is amended (

a) as to

section 1 by striking out clause (c), (

b) as to

section 19 by striking out subsection (1) and substituting the following subsection: 19.

(1) The Minister shall establish one or more review panels for the purpose of hearing and con­ sidering applications from formal patients con­ cerning the cancellation of admission certificates or renewal certificates. (

c) by striking out

section 35, (

d) as to

section 36 (

i) by striking out subsection (2), (ii) in subsection (3), by striking out the words "and where appropriate, in subsection (2) ,", (iii) in subsection (4), by striking out the words ", renewal certificates or certificate of incap­ 'acity" and substituting the words "or renewal certifica tes" , (

e) by striking out

section 37, (

f) by striking out

section 37.1, (

g) as to

section 38 (i) subsection (1), by striking out clause (c), (ii) by striking out subsection (2), (iii) by striking out subsection (5), (

h) as to

section 39, by striking out clause (c), (

i) by striking out

section 43, (

j) as to

section 46, subsection (8) by striking out the word "or" at the end of clause (

a) and striking out clause (b), (

k) as to

section 47 by striking out the words "continues to exist with respect to the person" and substituting the words "certificate of incapacity iSlsued under . The Dependent Adults Act exists with respect to the person", (

l) ffs to sec.tion 57 by striking out the words "certif­ Icate of Incapacity,". 39

82. Amends

chapter 118 of the Statutes of Alberta, 1972. 39

83. The Public Trustee Act is amended (

a) as to

section 2 (

i) in clause (a), by striking out the words "The Mental Health Act, 1972" and substituting the words "The Dependent Adults Act", (ii) in clause (c), by striking out the words "The Mental Health Act, 1972" and substituting the words "The Dependent Adults Act", (iii) in clause (e), by adding after the words HThe Mental Health Act, 1972" the words "or The Dependent Adults Act", (iv) by striking out clause (h); (

b) as to

section 5 (

i) in clause (f), by striking out the word "guard­ ian" and substituting the word "trustee", (ii) by striking out clause (

i) and substituting the following clause: (

i) act as the trustee of the estate of a men­ tally incompetent person. (

c) as to

section 12, (

i) by striking out subsection (1), (ii) in subsection (2) , by striking out the word "committee" wherever it appears and in each case substituting the word "trustee"; (

b) by striking out

section 13 and substituting the following section: 13. The Public Trustee continues to be the trus­ tee of the estate of a mentally incompetent person until (

a) the certificate of incapacity (

i) is cancelled by a review panel under The Mental Health Act, 1972, (ii) is terminated by an appeal panel under The Dependent Adults Act, 'Or (iii) is replaced by a trusteeship order made pursuant to The Dependent Adults Act. (

e) by striking out

section 14-; . (

f) by striking out

section 16; (

g) as to

section 17, subsection (1) by striking out the word "committee" and substituting the word "trustee" ; (

h) as to

section 21, subsection (1) by striking out the word "committee" and substituting the word "trustee" , (

i) by striking out

section 22; 40

83. Amends

chapter 30'1 of the Revised Statutes of Alberta 197,0. 40

(

j) as to

section 23, subsection (1) by striking out the words ", guardian or committee" and substituting the words "or guardian"; (

k) by striking out

section 33; (

l) as to the Schedule, Form A (

i) by striking out the words "The M ental Health Act, 1972" and substituting the words "The Dependent Adults Act", (ii) by striking out the word "committee" and substituting the word "trustee". 84. The Trustee Act is amended (

a) as to

section 16, subsection (2) by striking out clause (

b) and substituting the following clause: (

b) who is a formal patient under The Mental Health Act, 1972 or in respect of whom a guardian or trustee is appointed under The Dependent Adults Act, or in respect of whom a certificate of incapacity is issued under The Dependent Adults Act; (

b) by adding the following

section after

section 34: :34.:1 Where any conflict arises between the pro­ visions of

section 32.1, 32.2 or 33.1 and The De­ pendent Adults Act, the provisions of The Depen­ dent Adults Act prevail. Dh~ision 4 Repeal and Commencement 85. The Mentally Incapacitated Persons Act is repealed. 86. 'This Act comes into force on a date or dates to be fixed by Proclamation. 41

84. Amends

chapter 373 of the Revised Statutes of Alberta 1970. 85. Repeals

chapter 232 of the Revised Statutes of Alberta 1970. 41 Title: 1976 (18th, 2nd) Bill 59, The Dependent Adults Act