Services

08.    Represented Adult Law

Represented Adult Law

1.  Co-Decision Making Application

If an adult struggles with making decisions on his or her own, you can apply to become a co-decision maker.  The Court will then give you legal authority to help the adult make personal decisions.  Please note that if the adult has a personal directive, a guardian or a trustee, you cannot apply for co-decision making.  

As a co-decision-maker you and the adult work through decisions together, but the adult always has the final say.

The adult decides:

  • if they want a co-decision-maker

  • who the co-decision-maker is

  • when to stop having a co-decision-maker

 

Who needs a co-decision-maker

 

Adults who need a co-decision-maker

  • need help understanding information

  • need guidance and support to make personal decisions

 

Minors who will need a co-decision-maker

  • will be 18 years old in the next year

  • will need guidance and support to make personal decisions after they become an adult

 

If you want the court order to go into effect when the minor turns 18, you must apply when the minor is 17.

 

Types of decisions

 

Co-decision-makers can help with personal, non-financial decisions about:

  • healthcare

  • living arrangements

  • education

  • social activities

  • employment

  • legal proceedings

 

Depending on the adult’s needs, a co-decision-maker might only be needed for some decisions. The court decides:

2.  Guardianship Application 

Adult who needs a guardian

  • is not capable of making personal decisions

  • may be vulnerable because of a permanent or temporary disability or illness

  • does not have a personal directive and needs someone to make decisions for him or her

 

Minors who will need an adult guardian

  • will be 18 years old in the next year

  • will need someone to make his or her personal decisions after he or she becomes an adult

If you want the court order to go into effect when the minor turns 18, you must apply when the minor is 17.

Types of decisions

Guardians can make personal, non-financial decisions about:

  • healthcare

  • living arrangements

  • education

  • social activities

  • employment

  • legal proceedings

Guardians cannotmake decisions about:

  • finances

  • organ donation

  • sterilization

Depending on the adult’s needs, a guardian might only be needed for some decisions. The court decides:

  • what types of decisions the guardian can make

  • if a guardianship review will be needed

3.  Trusteeship Application

When an adult is no longer capable of making financial decisions on his or her own, you can apply to the Court to appointed as a trustee.  

Once you are appointed as a trustee for an adult, you can do the following on his or her behalf:

1.  use the adult’s money to pay his or her:​

 

  • bills

  • care

  • education

2.  manage his or her nvestments

3.  apply for the adult’s financial benefits like Old Age Security

A trustee can be a:

  • family member

  • friend

  • trust company

  • public trustee

 

Trustees cannot make decisions about personal matters like:

  • medical treatment

  • where the adult lives

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