Table of contents

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:

  1. You need to consider which decisions the adult needs assistance with:
    • personal decisions only (guardianship)
    • personal and financial decisions (guardianship and trusteeship)
  2. You need to decide to apply without a hearing (desk application) or with a hearing:
Without a Hearing (Desk Application) With a Hearing
  • if you don’t expect anyone to disagree with the application
  • not time sensitive
  • you are the appointed decision-maker
  • you don’t need to appear in court
  • the judge makes a decision based on the paperwork you submit
  • someone might disagree with the application
  • time sensitive
  • you are not the appointed decision-maker
  • you or your lawyer appears in court
  • application is discussed with the judge
  • the judge makes a decision based on the paperwork you submit and the discussion in court
  1. 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

Related

Trusteeship

Trusteeship review

Examination and approval of trusteeship accounts

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