Adult guardianship review

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.

Form 17: Notice of Application and Hearing

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.

Form 17: Notice of Application and Hearing

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: