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:

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

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. 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:

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. 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

Related

Office of the Public Guardian and Trustee

Adult guardianship

Complaints about decision-makers

Trusteeship

Trusteeship review

Legislation related to OPGT