Alberta Regulation 36/2026 introduces amendments to the Adult Guardianship and Trusteeship Regulation (AR 219/2009), under the Adult Guardianship and Trusteeship Act. The regulation addresses definitions, assessment protocols, decision-making, and documentation to ensure greater clarity, accountability, and protection for vulnerable adults.

Section 2 revises the designation of health care providers for capacity assessments, aligning terminology with contemporary professional regulatory bodies. Physicians, nurse practitioners, and dentists are explicitly identified as regulated members of their respective colleges, including the College of Physicians and Surgeons of Alberta, the College of Registered Nurses of Alberta, and the College of Dental Surgeons of Alberta.

Procedural amendments in Sections 3 through 6 improve assessment protocols and decision-making processes. Language changes, such as replacing “has the right to” with “may,” clarify that adults retain discretion in their participation in assessments. Section 4 emphasizes that capacity assessors, not generic references, are responsible for evaluating an adult’s ability to make decisions. Amendments to Section 6 simplify references to regulated professions and remove outdated terminology.

Significant revisions address the assessment of adult capacity. Sections 18 to 21 replace prior provisions to set out explicit rights and obligations. Adults undergoing assessment can refuse, have support persons present, or use communication devices to ensure full demonstration of capacity, while health care providers may limit interference if support persons impede the assessment. Health care providers must meet with adults in person, communicate in ways appropriate to their abilities, explain assessment purposes, rights, and potential consequences, and provide information necessary for informed decision-making regarding health care, residential admissions, or financial matters.

The regulation codifies detailed guidance for health care providers to ensure adults receive information relevant to their decisions. Sections 20 and 20.1 enumerate the condition, nature, risks, benefits, alternatives, and consequences of proposed health care or residential decisions. Section 20.2 clarifies capacity determination criteria, while Section 20.3 specifies completion of Form 6 for documentation, ensuring a standardized record of assessments, declarations of specific decision makers, and capacity evaluations.

Sections 21 and 21.1 establish duties for health care providers to inform adults and, where applicable, the Public Trustee, of assessment outcomes and available rights, including requesting a capacity assessor or seeking court review of assessments and decisions. Further amendments improve procedural applications for reviews of guardianship, trusteeship, and co-decision-making orders, permitting desk applications with prescribed documentation. Schedule 2 updates forms to use gender-neutral language and consistent terminology regarding personal decision-making.

Alberta (30/2026) March 11, 2026
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