Overview

The adult guardianship review process is similar to an initial adult guardianship application. A guardianship review happens when:

  • the court orders a review to make sure the arrangement is working well
  • the guardian needs to end the agreement and no one else is listed as an alternative
  • changes need to be made to the agreement
  • an alternative guardian needs to be added to the agreement

A guardianship review and trusteeship review can be done at the same time.

Not all guardianship orders need to be reviewed.

Court ordered review

If the court expects you to do a review, it:

  • will say so on the court order
  • will list a deadline
  • is important you complete the review before the deadline

You don’t need to wait until the deadline to apply for a review; you can apply for a review at any time.

Missing the deadline

If you miss your deadline, either you continue as the guardian or the court may appoint someone else. Also:

  • the court may end the order
  • it may be difficult for the adult to access some services without an up-to-date guardianship order

How long does it take

A guardianship review may take 3 to 6 months before the:

  • paperwork is finalized
  • court makes a decision

If the situation is urgent:

The court appoints a temporary guardian who has the authority to make decisions for up to 90 days.

Background checks for an alternative guardian

If you want to add an alternative guardian to the agreement, the OPGT will do these checks on them:

  • a reference check
  • a criminal record check

If they’re also applying to become a trustee, the OPGT will do a credit check.

If you have concerns about these checks and how they’ll impact their eligibility, please contact the OPGT.

Adult guardianship review without a hearing

Follow this process if:

  • you don’t think your application will be opposed
  • your application isn't time-sensitive

With this process:

  • you don’t have to appear in court
  • the judge makes a decision based on the information you submit

You may need a lawyer for this complicated process.

Step 1. Get a capacity assessment

If you requested the review

You don’t need a new capacity assessment – just use the original.

If the court ordered the review

Even if the adult has a permanent condition, an updated capacity assessment is required. It can be completed by a:

The capacity assessment must be dated within 6 months before you submit your application.

Step 2. Fill out the application forms

If you want to apply for a guardianship review

Fill out all the forms in this package:

Application Kit for Review of Guardianship Order (PDF, 686 KB)

If you want to apply for a guardianship review and trusteeship review

Fill out all the forms in the package:

Application Kit for Review of Guardianship and Trusteeship Order (PDF, 1.0 MB)

You may need a lawyer and an accountant to prepare the trusteeship application.

Step 3. Fill out the background check forms

If you aren’t adding an alternative guardian

You don't need new background checks forms – just use the originals.

If you’re adding an alternative guardian

The person applying to become an alternative guardian must:

You must include their completed background check forms with your review application.

Step 4. Submit your review application package

Your application package is made up of the documents from the above steps:

  • capacity assessment
  • application forms
  • background check forms for the alternative guardian

When you submit your application:

  • include a cheque or money order for the $50 court filing fee made out to the Government of Alberta
  • don’t include cash
  • your cheque won’t be cashed for 30 to 50 days

If you’re working with a lawyer or one of the organizations that provides free assistance, they’ll submit the application package for you.

If you put the application package together on your own:

  • submit your review application to your local OPGT office

After you apply

A review officer from the OPGT will:

  • meet with the adult to ask them what they think about the application
  • prepare a report for the court
  • send a copy of the report to you
  • send a letter to:
    • the people listed as interested parties in the application
    • anyone else they think should know about the application

If someone doesn’t support your application, they can request a court hearing to oppose it.

Adult guardianship review with a hearing

Follow this process if:

  • you think your application will be opposed
  • your application is time-sensitive

With a hearing:

  • you or your lawyer must appear in court
  • the application is discussed before a judge
  • the judge makes a decision by considering:
    • comments of the people at the hearing
    • information in the application package

You may need a lawyer for this complicated process.

Step 1. Get a capacity assessment

If you requested the review

You don’t need a new capacity assessment – just use the original.

If the court ordered the review

Even if the adult has a permanent condition, an updated capacity assessment is required. It can be completed by a:

The capacity assessment must be dated sometime in the 6 months before you submit your application.

Step 2. Fill out the application forms

If you want to apply for a guardianship review

Fill out these forms:

If you want to apply for a guardianship review and trusteeship review

Fill out these forms:

You may need a lawyer and an accountant to prepare the trusteeship application.

Step 3. Fill out the background check forms

If you aren’t adding an alternative guardian

You don't need new background checks forms – just use the originals.

If you’re adding an alternative guardian

The person applying to become an alternative guardian must:

You must include their completed background check forms with your application.

Step 4. Submit your application package

Your application package is made up of the documents from the above steps:

  • capacity assessment
  • application forms
  • background check forms for the alternative guardian

When you submit your application:

  • include a cheque or money order for the $50 court filing fee made out to the Government of Alberta
  • don’t include cash
  • your cheque won’t be cashed for 30 to 50 days

You or your lawyer:

  • submit your application to a clerk of the Court of Queen’s Bench
  • set a hearing date
  • notify all the interested parties

A copy of the application package you filed with the court must be served to the OPGT at least 30 days before the hearing date. If you:

  • are working with a lawyer, they’ll do this for you

After you apply

A review officer from the OPGT will:

  • meet with the adult to ask them what they think about the application
  • prepare a report for the court
  • send a copy of the report to you

You’re responsible to notify interested parties about the hearing date.

When adult guardianship is granted

Copies of the court order are sent to:

  • you
  • any alternative guardians
  • the adult
  • other interested parties

The court order identifies:

  • the guardian
  • any alternative guardians
  • the areas the guardian has authority

It may also include another guardianship review deadline.

Decision-maker notices

If you’re a family member or friend of an adult who needs support, you’ll be notified by mail when someone files an application to become or continue being a guardian.

After you get a notice, you'll have the option to:

  • support the application by ignoring the notice
  • oppose the application by responding to the notice

Video

Related

Office of the Public Guardian and Trustee

Adult guardianship

Complaints about decision-makers

Trusteeship

Trusteeship review

Legislation related to OPGT