The Declaration of Incapacity Form in Alberta is a legal document that allows individuals to express their incapacity to make decisions and appoint a representative to act on their behalf. This form is important for those who are unable to make informed decisions due to mental or physical disabilities. It is crucial to understand that there are several types of Declaration of Incapacity forms in Alberta, including: 1. Personal Directive: This form allows an individual (known as the "Maker") to appoint a trusted person (known as the "Agent" or "Attorney") to make personal and non-financial decisions on their behalf. These decisions may include medical treatments, living arrangements, personal care, etc. 2. Enduring Power of Attorney: This form enables the Maker to appoint an Agent to handle their financial affairs, including managing bank accounts, paying bills, selling properties, making investments, etc. The appointed Agent must act in the best interest of the Maker and follow their wishes as stated in the document. 3. Co-decision-Making Agreement: Unlike the aforementioned forms, this relatively new legal document offers a middle ground between a Personal Directive and Enduring Power of Attorney. It allows the Maker to appoint a Co-decision-Maker(s) who collaboratively make decisions with the Maker rather than making decisions on their behalf. It is specifically designed to support individuals with capacity issues in decision-making processes where their cognitive abilities may be impaired. To obtain any of these forms in Alberta, individuals can visit the website of the Government of Alberta or consult a lawyer specializing in estate planning and incapacity matters. It is important to ensure that the correct form is used as per the specific requirements of the situation. The Declaration of Incapacity forms typically require witness signatures and may need to be notarized or signed in front of a commissioner for oaths to ensure their legal validity. Seeking legal advice is always recommended ensuring compliance with Alberta's laws and to clarify any questions or concerns regarding the forms or the appointment of representatives.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.Declaration Of Incapacity Form Alberta - California Affidavit of Medical Doctor as to Incapacity of Person In Order for Power of Attorney to Become Effective
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Fees. Capacity Assessors set their own hourly rates, which can range from $100 to $250 per hour and depend on various factors. If you cannot afford the fees, you may be able to receive financial assistance.
.alberta.ca/personal-directive.aspx A Personal Directive only comes into effect once you lose mental capacity and once your Agent and physician complete a Declaration of Incapacity form. Your Personal Directive can say who decides when you have lost mental capacity. Remember, you can also gain back mental capacity.
Mental Capacity In Alberta, a Personal Directive must be in writing, and must be dated and signed by both you (the Maker) and a witness, in the presence of each other. You must be 18 years of age or older, and you must, at the time of signing, understand the nature and effect of the document.
What is the cost. The fee, under the regulations, for a capacity assessment is up to: $500 for guardianship or trusteeship. $700 for combined guardianship and trusteeship.
Your personal directive does not need to be notarized or commissioned.