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When to review
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:
- contact the Office of the Public Guardian and Trustee (OPGT)
- an order can usually be approved within a week
The court appoints a temporary guardian who has the authority to make decisions for up to 90 days.
Adult guardianship review without a hearing
This is called a desk application. 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:
- physician
- psychologist
- designated capacity assessor
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
Download the guide to guide to applying for review of adult guardianship (PDF, 209 KB).
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 33: Guardian's Record of Decision (PDF, 34 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
The Personal References form is only needed for any new guardian or alternate guardian you are requesting to be appointed in your application.
If you want to apply for a guardianship review and trusteeship review
Download the guide to guide to applying for review of adult guardianship and trusteeship (PDF, 217 KB).
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 34: Trusteeship Plan (PDF, 115 KB)
Form 33: Guardian's Record of Decisions (PDF, 34 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 27: Consent of Proposed Trustee (Individual) (PDF, 34 KB)
Form 29: Consent of Proposed Alternate Trustee (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
The Personal References is only needed for any new guardian, alternate guardian, trustee or alternate trustee you are requesting to be appointed in your application.
Step 3. Submit your review application package
Your application package is made up of the documents from the above steps:
- capacity assessment
- application forms
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:
- if there is a proposed alternative guardian – contact them about a background check and the cost
- 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:
- physician
- psychologist
- designated capacity assessor
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
Download the guide to guide to applying for review of adult guardianship (PDF, 209 KB).
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 33: Guardian's Record of Decision (PDF, 34 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
The Personal References is only needed for any new guardian or alternate guardian you are requesting to be appointed in your application.
If you want to apply for a guardianship review and trusteeship review
Download the guide to guide to applying for review of adult guardianship and trusteeship (PDF, 217 KB).
Fill out these forms:
Form 14: Application (PDF, 120 KB)
Form 15: Affidavit of Applicant (PDF, 91 KB)
Form 32: Guardianship Plan (PDF, 60 KB)
Form 34: Trusteeship Plan (PDF, 115 KB)
Form 33: Guardian's Record of Decisions (PDF, 34 KB)
Form 24: Consent of Proposed Guardian (Individual) (PDF, 33 KB)
Form 26: Consent of Proposed Alternate Guardian (Individual) (PDF, 33 KB)
Form 27: Consent of Proposed Trustee (Individual) (PDF, 34 KB)
Form 29: Consent of Proposed Alternate Trustee (Individual) (PDF, 33 KB)
Form 30: Personal References (PDF, 30 KB)
The Personal References form is only needed for any new guardian, alternate guardian, trustee or alternate trustee you are requesting to be appointed in your application.
You may need a lawyer and an accountant to prepare the trusteeship application.
Step 3. Submit your application package
Your application package is made up of the documents from the above steps:
- capacity assessment
- application forms
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:
- if there is a proposed alternative guardian – contact them about a background check and the cost
- 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
Publications
Guardianship: Adult Guardianship and Trusteeship Act
Guardianship: General Overview
Guardianship: Making Decisions on the Represented Adult’s Employment
Guardianship: Making Decisions on the Adult’s Participation in Education or Training
Guardianship: Making Decisions on the Represented Adult’s Health Care
Guardianship: Making Decisions on Legal Proceedings for a Represented Adult
Decision-Making Options: Adult Guardianship and the Trusteeship Act