Alberta passes amendment to the "Estates of the Mentally Incompetent Act"

March 1, 1944. The Legislature of Alberta passes "An Act to amend The Estates of the Mentally Incompetent". The purpose of this legislation is to modify and clarify existing parts of the "Mentally Incompetent Persons and their Estates Act"

The previous legislation outlined when the state (i.e., the Alberta government) could take possession of the estate of persons deemed "mentally incompetent". If an individual was taken before an Albertan court and declared "unsound in mind", the court could appoint a committee or administrator (which could be either be a family member or state official) to take possession of that individual's estate (i.e., their money and property) (An Act respecting Mentally Incompetent Persons and their Estates, Sec.3).

There are two noteworthy changes made in this Act. First, it gives greater detail and specificity to the duties and powers of the administrator of an individual's estate (Sec. 5-7); second, it outlines how an individual's estate can be transferred to the government (Sec.6).

With respect to the administrator's role, the legislation attempts to clarify when an administrator can take possession of an individual's estate, that is, the legal procedures that need to be followed, and what happens in the event that the administrator of the estate dies or becomes unable to continue to its management (Sec.7).

The legislation also outlines what should happen if the state loses sustained contact with the administrator of the estate. An individual's money should "be paid to the Provincial Treasurer, and in the case of other property, be sold and converted into money and proceeds of other property shall thereupon form part of the General Revenue Fund of the Province" (Sec. 6).

Similar to the original, the relevance of this legislation to the history of eugenics, specifically in Alberta, is that it marked a growing intrusion of the state into the lives of those deemed "mentally incompetent or unfit".

-Luke Kersten

  • Province of Alberta. (1944). An Act to amend The Estates of the Mentally Incompetent Act. Statutes of the Province of Alberta.

Alberta passes amendment to the "Estates of the Mentally Incompetent Act"

March 1, 1944. The Legislature of Alberta passes "An Act to amend The Estates of the Mentally Incompetent". The purpose of this legislation is to modify and clarify existing parts of the "Mentally Incompetent Persons and their Estates Act"

The previous legislation outlined when the state (i.e., the Alberta government) could take possession of the estate of persons deemed "mentally incompetent". If an individual was taken before an Albertan court and declared "unsound in mind", the court could appoint a committee or administrator (which could be either be a family member or state official) to take possession of that individual's estate (i.e., their money and property) (An Act respecting Mentally Incompetent Persons and their Estates, Sec.3).

There are two noteworthy changes made in this Act. First, it gives greater detail and specificity to the duties and powers of the administrator of an individual's estate (Sec. 5-7); second, it outlines how an individual's estate can be transferred to the government (Sec.6).

With respect to the administrator's role, the legislation attempts to clarify when an administrator can take possession of an individual's estate, that is, the legal procedures that need to be followed, and what happens in the event that the administrator of the estate dies or becomes unable to continue to its management (Sec.7).

The legislation also outlines what should happen if the state loses sustained contact with the administrator of the estate. An individual's money should "be paid to the Provincial Treasurer, and in the case of other property, be sold and converted into money and proceeds of other property shall thereupon form part of the General Revenue Fund of the Province" (Sec. 6).

Similar to the original, the relevance of this legislation to the history of eugenics, specifically in Alberta, is that it marked a growing intrusion of the state into the lives of those deemed "mentally incompetent or unfit".

-Luke Kersten

  • Province of Alberta. (1944). An Act to amend The Estates of the Mentally Incompetent Act. Statutes of the Province of Alberta.