What is the test of competence for the appointment of a trustee or guardian?
Alberta, Canada
The following excerpt is from Babchuk v. Kutz, 2006 ABQB 422 (CanLII):
We must also bear in mind that a testator may be competent even though a trustee or guardian has been appointed to manage his affairs: Scramstad v. Stannard [1996] 40 Alta. L.R. at paragraph 133, citing a number of cases. As I stated earlier, the test of competence for the appointment of a trustee or a guardian is not the same as for testamentary capacity. The cases suggest that it is easier to find lack of capacity for the purpose of guardianship or trusteeship than it is to remove from a testator the capacity to make his will.
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