When to review
You can apply for a guardianship review at any time.
A review must happen when:
- it is required by the court order
- there is a change in the capacity of the adult
- there is a change in the adult’s circumstances that affects the decision-maker’s ability to make decisions
- there is a change in the capacity of a decision-maker that affects the decision-maker’s ability to make decisions
- a decision-maker passes away
A guardianship review and trusteeship review can be done at the same time.
Court ordered review
If the court expects you to do a review, it:
- will say so on the court order
- will list a deadline for review
- is important you complete the review before the deadline
Missing the deadline to review the court order
If you miss the deadline, you continue as the guardian but it:
- is required by law to complete this review
- may be difficult for the adult to access some services without an up-to-date guardianship order
How long will it take
To become a guardian, it usually takes 6 months – from the time your paperwork is ready to be submitted to court – before the court makes a decision.
Apply for a review of the court order
To apply for a review of the court order – and to ensure you follow the correct process and complete the correct paperwork – you need to think about 3 things:
- You need to consider which decisions the adult needs assistance with:
- personal decisions only (guardianship)
- personal and financial decisions (guardianship and trusteeship)
- You need to decide to apply without a hearing (desk application) or with a hearing:
Without a Hearing (Desk Application) | With a Hearing |
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- You need to decide to apply for one of these options:
- guardianship review – desk application
- guardianship and trusteeship review – desk application
- guardianship review – with a hearing
- guardianship and trusteeship review – with a hearing
To start the application process
Select the one option below that best meets the adult’s situation:
When a court order is granted
The newly-appointed guardian is legally responsible to provide a copy of the court order to:
- the adult
- other interested parties
- the OPGT
Read the court order carefully to learn:
- who has been appointed
- what authority has been granted
- when the order needs to be reviewed
- any other provisions
Video
Publications
Guardianship: Adult Guardianship and Trusteeship Act
Guardianship: General Overview
Understanding Guardianship: Adult Guardianship and Trusteeship Act
Guide for Private Guardians: Adult Guardianship and Trusteeship Act
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
Contact
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