The two words get used interchangeably in conversation and they mean different things in law. Getting the distinction right early saves a family from applying for the wrong thing, or from applying for both when they only needed one.
A guardian makes personal decisions. A trustee makes financial decisions. That is the whole of it, and everything below is detail.
| Guardianship | Trusteeship | |
|---|---|---|
| Covers | Personal, non-financial decisions | Income, expenses, debts, property, investments |
| Checks required | Criminal record and references | Background, credit and references |
| Ongoing duty | Annual record of decisions, Form 33 | Inventory within 6 months, then statements of transactions and account overviews |
| Assessment fee | up to $500 | up to $500 |
One assessment covering both is capped at $700.
Guardianship
Guardianship is a court order giving a person the legal authority and responsibility to make, or assist in making, decisions about non-financial personal matters on behalf of another adult.
The areas a guardianship order can cover are set out in the Act:
- the adult's health care
- where, with whom and under what conditions the adult lives, permanently or temporarily
- who the adult may associate with
- the adult's participation in social activities
- participation in any educational, vocational or other training
- the adult's employment
- the carrying on of legal proceedings that do not relate primarily to financial matters
An order does not have to cover all of them. It covers the areas where the assessment found the adult lacks capacity, which is why a well-conducted assessment often produces a narrower order than the family expected.
To be appointed a guardian you must be 18 or older, consent to the role, have a relationship with the adult, be available to make decisions, and complete a criminal record check and reference checks through the Office of the Public Guardian and Trustee. You must act in the adult's best interest and not allow your interests to conflict with theirs.
Guardians file an annual record of decisions, Form 33.
Trusteeship
Trusteeship is the financial counterpart: authority and responsibility for decisions about income, expenses, debts, real estate, investments and other assets, for an adult unable to make them.
A trustee manages money for bills, accommodation, care, education and medical expenses; handles investments, real estate and personal property; applies for financial benefits; and files income tax returns.
If granted, a trusteeship order applies to all of the represented adult's real and personal property within Alberta.
The requirements are stricter than for guardianship, because money is involved. Trustees must be 18 or older, consent, consider the adult's views, act in their best interest, and pass background, credit and reference checks. A credit check is part of it, and it does stop some applicants.
After appointment there is real accounting.
- Inventory, Form 37, submitted to the court within six months of the order.
- Statement of Transactions, Form 36, thereafter.
- Overview of Trusteeship Accounts, Form 38.
One assessment covers both
Whichever you need, the capacity assessment is the same document. Form 4, the Capacity Assessment Report, covers guardianship, trusteeship, or both.
What differs is the rest of the package.
| Guardianship | Trusteeship | |
|---|---|---|
| Plan | Form 32 | Form 34 |
| Consents | Forms 24 and 26 | Forms 27 and 29 |
| Inventory | not required | Form 37 |
Both need the Application, Form 14, the Affidavit of Applicant, Form 15, and Personal References, Form 30.
The assessment fee reflects the scope: up to $500 where it relates exclusively to personal matters or exclusively to financial ones, and up to $700 where it covers both. The court filing fee is up to $300 either way. Courts may allow a higher assessment fee in complex cases.
Which one, in practice
Ask what decisions are actually not getting made.
If the problem is money
Bills unpaid, a pension not claimed, savings at risk, a property that needs dealing with, someone vulnerable to financial exploitation. That is trusteeship.
If the problem is care and living
A discharge from hospital with nowhere agreed to go, treatment decisions nobody has authority to make, a living arrangement that is no longer safe. That is guardianship.
If it is both
Apply for both, and expect the assessment to cost $700 rather than $500.
The honest test is not "what would be convenient to control". It is "which decisions is this adult unable to make, and what is going wrong as a result". Courts, review officers and assessors all look at that question, and an application built on convenience tends to show.
Before you apply for either
Guardianship and trusteeship are the top of a ladder, not the first rung. Alberta's framework is deliberately built so that less intrusive options come first, and a court must be satisfied that less intrusive and less restrictive supports are not suitable.
If the adult still has capacity, or has a personal directive or an enduring power of attorney, a court application may be unnecessary. That is worth an hour of your time before it is worth a filing fee and an assessment: the five options before guardianship.
What it costs, all in
| Cost | Amount |
|---|---|
| Capacity assessment | up to $500, or $700 if it covers both |
| Court filing fee | up to $300 |
| Background check | varies |
| Legal fees, if you use a lawyer | varies |
If the cost of the assessment is a hardship, contact the Office of the Public Guardian and Trustee. The Crown may also agree to pay a specified amount and reasonable disbursements toward the application costs where paying them is a hardship for both the adult and the applicant, which requires proof in the costs section of your affidavit and a Hardship Application for Costs Against the Crown.
Where this sits with us
Northridge conducts the designated capacity assessment and completes the report. We can also help a family organise and coordinate the surrounding paperwork, which is administrative support rather than legal work.
We do not give legal advice, we do not act for anyone in court, and we do not draft legal arguments. Where the situation is contested, or where a lawyer is genuinely needed, we will say so plainly rather than take the work.
Talk to us about which of these your family is actually facing.