Capacity Assessment Alberta: What Families Need to Know Before the Evaluation

What Capacity Means Under Alberta Law

Alberta law presumes every adult has mental capacity until there are reasonable grounds to believe otherwise. Capacity is defined as the ability to understand information relevant to a specific decision and to appreciate the reasonably foreseeable consequences of making — or failing to make — that decision.

This is decision-specific, not all-or-nothing. A parent might have the capacity to decide what to eat for dinner but lack the capacity to manage a complex real estate transaction. A capacity assessment evaluates whether the person can make the specific type of decision at issue.

When a Capacity Assessment Is Required

Three common situations trigger the need for a formal assessment:

Activating a springing Enduring Power of Attorney. If the EPA names a specific person to declare incapacity, that person must consult with a physician and write a formal declaration. If the EPA is silent, two independent medical practitioners must each assess the donor and provide written declarations.

Activating a Personal Directive. Similar process — the named assessor completes Schedule 2, or two service providers (at least one physician or psychologist) complete Schedule 3.

Applying for court-ordered guardianship or trusteeship. The applicant must arrange a formal capacity assessment with a physician, psychologist, or Designated Capacity Assessor (DCA). The assessor completes Form 4: Capacity Assessment Report, which must be dated within six months of submitting the court application.

Who Performs the Assessment

For EPA and PD activation, the assessment is typically performed by the parent's family physician or a psychologist. The parent can choose their own doctor, and the assessment can happen in the home, at the clinic, or in the hospital.

For guardianship and trusteeship applications, the requirements are more specific. The assessor must be a:

• Licensed physician
• Registered psychologist
• Designated Capacity Assessor (DCA) — a professional specifically trained and designated by the Government of Alberta

A DCA is a professional designated under Alberta's capacity-assessment system. Use the province's current information to locate one.

What the Assessment Involves

The assessor evaluates the parent's cognitive function across several domains: understanding of their current situation, ability to retain and process relevant information, appreciation of consequences, and ability to communicate a decision. The assessment is structured, not a casual conversation.

Before the assessment, the physician should rule out temporary or reversible conditions that mimic permanent incapacity — urinary tract infections, medication interactions, delirium from a hospital admission, dehydration, or untreated depression. These conditions can produce cognitive impairment that resolves with treatment. An assessment conducted during a UTI-driven delirium episode can declare incapacity when the parent would otherwise pass.

If the parent refuses to participate in a formal capacity assessment for a guardianship or trusteeship application, the court can make a determination based on alternative evidence — medical records, testimony from caregivers, documented observations of functional decline.

What It Costs

Fees are capped by regulation under the AGTA:

• Guardianship or trusteeship assessment: up to $500
• Combined guardianship and trusteeship assessment: up to $700

These fees can be charged by a physician, psychologist, or DCA. The parent's estate typically pays the cost. If the family cannot afford the fee, provincial subsidies are available under hardship guidelines — limited to one subsidized assessment per adult per calendar year.

For EPA and PD activation, the cost depends on the physician or psychologist performing the assessment; the AGTA fee caps above apply to guardianship and trusteeship assessments.

What Happens After the Assessment

If the parent is found to lack capacity: The relevant documents are completed (declaration of incapacity for EPA/PD activation, Form 4 for court applications), and the next steps proceed. For guardianship applications, the Form 4 goes into the court filing package alongside Forms 14, 15, and the guardianship/trusteeship plan.

If the parent is found to retain capacity: The EPA or PD cannot be activated, and a guardianship application cannot proceed on incapacity grounds. The parent retains full decision-making authority, even if the family disagrees with the decisions they are making. Alberta law protects the right to make unwise decisions — capacity is about the process of decision-making, not the outcome.

If the result is contested: The dispute may require a new assessment or an application to the Court of King's Bench for review.

The Alberta Power of Attorney & Personal Directive Kit includes the Document Activation Tracker that maps out the capacity declaration process for both EPAs and Personal Directives, with the specific schedules and forms required at each step.

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