Adult Guardianship and Trusteeship Act

Adult Guardianship and Trusteeship Act

The Adult Guardianship and Trusteeship Act (AGTA) replaces the Dependent Adults Act (DAA) and came into effect on October 30, 2009.

The AGTA provides decision-making options for health care providers, physicians, patients and their families to use to ensure that consent for health care is obtained from the appropriate decision-maker(s). For more information on the Alberta Health Services’ process for obtaining consent, please review the Alberta Health Services AGTA Consent Directive.

For further details around what the AGTA is, please visit the Office of the Public Guardian. The AGTA is administered by the Office of the Public Guardian.

Forms

Office of the Public Guardian (AGTA)

AGTA decision-making options require the use of regulated forms. New court application forms have also been developed by the Office of the Public Guardian. To access these forms, please visit the Forms section of the Office of the Public Guardian website.

AGTA forms that are most often used include:

• Capacity Assessment forms:
  • Form 3 (Co-Decision-Making Application)
  • Form 4 (Guardianship and/or Trusteeship Application)
• Specific Decision-Making forms:
  • Form 6 (Assessment of Capacity of Adult to Make Decisions Respecting the Adult's Health Care)
  • Form 10 (Capacity Assessment Report) “Request for Capacity Assessment"
  • Order Form for health care providers to order forms

Alberta Health Services - Consent Forms

Health care providers please note: All existing Alberta Health Services consent forms are to be used until replaced by revised consent forms. These new forms will be developed in conjunction with the new AHS consent policy and procedures. 

Examples of existing forms and their modifications include:

• Consent form
• Admission, Assessment, Treatment and/or Specific Procedure Consent (Calgary Health Region)
• Consent to Specific Procedures in Capital Health Region Facilities

Quick Facts

• Decision Making and the Adult Guardianship and Trusteeship Act
• Patients and Families
• Specific Decision Making 
• Capacity Assessment

For Health Care Providers:

• Emergency Health Care for Adults
• Fact Sheet: Health Care Providers and the AGTA
• Quick Reference for Health Care Providers on the AGTA
• Fact Sheet: Mental Health Act and AGTA 
• Occupational Therapists
• Registered Nurses
• Social Workers
• Physicians
• Psychologists

Need more information?

• Read some Frequently Asked Questions (FAQs)
• Responses From Sessions at the Foothills Hospital (Relevant to Acute Care Sites) by the Office of the Public Guardian

Members of the Public Can:

1. Speak with their health care provider
2. Contact the Office of the Public Guardian
   • Toll Free Help Line: 1-877-427-4525
     (available Monday-Friday, 8:15 a.m. – 4:30 p.m.)
   • After hours crisis line: 1-866-262-9731
     (evenings and weekends) 
   • Website

Health Care Providers Can:

Contact Alberta Health Services by e-mail at clinicalpolicy@albertahealthservices.ca OR, for questions relating to the use of existing consent forms, please contact Irene Prosser, Director of Clinical Policy Development at 403-943-0271.

Other resources for health care providers include:

• AGTA Legislative and Practice Changes
• Brain Health and Mental Capacity: Recent Developments in Alberta
  Session for Health Care Providers, Legal Community, Researchers
• Education sessions for psychologists and physicians
• AGTA Telehealth Video
• Office of Public Guardian Information for Service Providers website
  • Username: ahs
  • Password: health

Alberta Health Services

• E-mail: clinicalpolicy@albertahealthservices.ca
• Education sessions are also available for psychologists and physicians