As our parents get older or if we have children who are unable to care for themselves, whether mentally or physically, and who are entering the age of majority, we reach the stage where we are required to obtain trusteeship of them. Trusteeship relates specifically to handling the financial matters of an elder or dependent adult who does not have the mental capacity to do so on their own. Trusteeship can be attained in two ways: 1) By applying to and attending at Court to obtain a Trusteeship Order which is a much quicker process and is beneficial in emergency situations, or; 2) Applying for a Trusteeship Order by way of desk application meaning that there is no required attendance at Court. This latter process takes longer, however, is a preferred alternative for those who have the luxury of time to get trusteeship in place. In either scenario, trusteeship paralegal services are invaluable to those who are navigating this somewhat confusing and anxiety provoking process.
What is Trusteeship and Who Needs it?
Trusteeship is when an individual is appointed by court order to manage financial decisions of a dependent adult who cannot, or can no longer, form the mental capacity to do so. Becoming a trustee entails a number of requirements, including, but not limited, the capability to manage another’s financial affairs, the consent of other family members having an equal or prior right to apply, the ability to pass background checks, and above all, the ability to act in the adult’s best financial interests which can sometimes be at odds with the desires of others.
Roles of a Trustee and Potential Alternatives
Trustees are solely responsible for handling all financial matters of a dependent adult. This can range from daily/montlhly banking requirements, paying bills, purchasing clothing, etc. for the adult to managing investments, properties, applying for financial benefits, and filing income tax returns. They must act in the adult’s best interest, manage finances prudently, maintain good records, and protect the adult’s personal information.
In situations were there is no family member or close friend to handle the financial affairs of an individual, the Office of the Public Trustee and Guardian will obtain trusteeship of the individual for a fee.
The Benefits of Retaining a Paralegal to Assist with Trusteeship
Taking on the role of a trustee is a big responsibility. A Trustee is not only tasked with managing the adult’s financial affairs, but making hard decisions when the adult’s finances are depleted. These decisions are sometimes questioned or challenged by family members, etc. resulting further anxiety.. Trusteeship requires a thorough understanding of legal procedures and a deep commitment to the adult’s well-being. It is a task that demands integrity, diligence, and compassion.
Trusteeship often goes hand in hand with guardianship or co-decision-making authority under the Adult Guardianship and Trusteeship Act. A paralegal can assist every step of the process, from obtaining the Capacity Assessment Report to preparing the application and in cases where a Court appearance is required, preparing you for same. Retained a skilled paralegal can assist you with obtaining a Trusteeship Order as well as provide guidance for accurate record keeping..
AzPerLegal’s Trusteeship Services
In cases where trusteeship is the solution, there can be overwhelming stress and confusion trying to navigate the process alone. AzPerLegal has assisted many clients in obtaining Trusteeship orders, providing clients with court preparation and liaising with the Office of the Public Trustee and Guardian where an adult has no one to act on his/her behalf. Our goal is to give you peace of mind regarding the legal aspect of trusteeship so that you can focus on caring for your loved one.
Blog posts from AzPerlegal Services Inc. are for general information only. The content should not be considered legal advice. If you are in need of professional legal advice, please reach out to our Paralegal Services team and we can refer you to a lawyer.
