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Before deciding to make an application to the court to be appointed as guardian and/or trustee, it is worthwhile to take the time to consider whether there are any alternatives available. Each elderly person’s situation and needs are unique, and it may be the case that those needs can be met by measures that are less expensive and less intrusive than having a guardian and trustee appointed. For example, a senior living alone might have no trouble doing his or her banking and looking after investment transactions but might have physical limitations. It might be possible to avoid the expense and trouble of having a guardian appointed for this person if someone could accompany him or her to the bank on a regular basis. Being appointed as a guardian and trustee should be a last resort.

Alternatives should be explored for two reasons. The first reason is that guardianship and trusteeship can be invasive to an individual dependent adult. The second reason is that court applications can be expensive and may deplete a modest estate unnecessarily.

In many jurisdictions in Canada, the law expressly says that no guardian or trustee can be appointed if there are alternatives available. In Saskatchewan, for example, if you are applying to be a guardian or trustee of a dependent adult, you will be required to first show the court that other, less intrusive methods of assisting the dependent adult have been tried or at least seriously considered. In the Northwest Territories, the court will not make a trusteeship order unless it is satisfied that there is no alternative available that is less restrictive of the decision-making rights of the dependent adult. Other provinces have similar wording. Not all jurisdictions have this kind of requirement stated right in the law itself, but the concept of using the courts as a last resort is well entrenched.

A number of alternatives are described in this chapter. Some of them address guardianship issues and some address trusteeship issues. Not every alternative will suit every person. If one of the alternatives (or a combination of them) seems like a solution for a particular elderly relative about whom you are concerned, it is worthwhile to explore that alternative with family members, doctors, and caregivers who care about your relative.