Table of contents

When to review

You can apply for an adult guardianship review at any time.

A guardianship 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 capacity of a decision-maker that affects the decision-maker’s ability to make decisions

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.

How long does it take

A guardianship review usually takes 6 months – from the time your paperwork is ready to be submitted to court – before the court makes a decision.

Cost

There are costs for different parts of this process:

  • legal fees – if you hire a lawyer to complete the application
  • capacity assessment – charged by the capacity assessor for the completion of the assessment
  • court filing fees – up to $50 for the court to process your application
  • background check fee – for the background check to be completed so the summary of the results can be provided to the court with the application

If the costs of an AGTA court application are a hardship for the applicant and adult, the applicant can apply to have some of the costs covered by the Government of Alberta.

  • If financial hardship has been indicated on the AGTA application, a Hardship Application for Costs Against the Crown form will be sent to the applicant to fill out.
  • Complete the Hardship Application for Costs Against the Crown form and submit it with supporting documentation.

Apply to review a guardianship 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 should consider:
    • the reasons you are applying for a review
    • if the decisions the adult needs assistance with have changed
    • if a trusteeship review is also required
  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 do not expect anyone to disagree with the application
  • not time sensitive
  • you are the appointed decision-maker
  • you do not 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:

  • Guardianship review – desk application

    You may want to contact a fee-for-service provider or a lawyer for this process.

    Step 1. Get a capacity assessment if appropriate

    A capacity assessment may be required if:

    • the application for a review is made in accordance with a requirement in the order, unless the order provides that a capacity assessment is not required
    • the adult’s capacity is at issue in the proceedings
    • the adult has regained capacity and you are requesting the order be terminated
    • there is reason to believe there has been a significant change in the capacity of the adult

    If you are unsure if a capacity assessment report is required, you may want to consult a lawyer.

    Completed capacity assessments must be dated sometime in the 6 months before you submit your application.

    Step 2. Fill out the application forms

    Troubleopening or completing PDF forms?

    Fillable forms do not open properly on some mobile devices and web browsers. To fill in and save this form:

    1. Save the PDF form to your computer – click or right-click the link and download the form.
    2. Open the PDF form with Adobe Reader.  Fill it in and save it.

    If you are still having problems opening the form, please contact PDF form technical support.

    Download the Guide to Applying for Review of Adult Guardianship (PDF, 214 KB).

    Individual forms option

    Fill out these forms separately:

    Form 14: Application

    Form 15: Affidavit of Applicant

    Depending on the circumstances, you may also need to complete some or all of these forms separately:

    Form 32: Guardianship Plan

    Form 33: Guardian's Record of Decision

    Form 24: Consent of Proposed Guardian (Individual)

    Form 26: Consent of Proposed Alternate Guardian (Individual)

    Form 30: Personal References

    • The Personal References form is only needed for a new decision-maker you are requesting to be appointed.

    If you are unsure which forms are required, you may want to consult a lawyer.

    Bundled forms option

    Download and fill out the forms in this bundle:

    Application Bundle (PDF, 3.3 MB)

    Step 3. Submit your application package

    Submit your application package to your local OPGT office.

    When you submit your application

    Courthouse staff will contact you by email to request electronic payment by credit card or VISA-debit card of the $50 court filing fee.

    If you do not wish to pay electronically:

    • include a cheque, bank draft, or money order for the $50 court filing fee made out to the Government of Alberta with your application
    • your cheque will be cashed when your application is submitted to the court, which may take up to 6 months

    After you apply

    OPGT staff will:

    • send a Notice of Application to:
      • the people listed as interested parties in the application
      • anyone else they think should know about the application
    • contact each proposed or alternate decision-maker that is not currently appointed to the requested role about the background check and cost
    •  talk 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

    If someone doesn’t support your application, they can request a court hearing to oppose it.

  • Guardianship and trusteeship review – desk application

    You may want to contact a fee-for-service provider or a lawyer and an accountant to prepare the trusteeship application.

    Step 1. Get a capacity assessment if appropriate

    A capacity assessment may be required if:

    • the application for a review is made in accordance with a requirement in the order, unless the order provides that a capacity assessment is not required
    • the adult’s capacity is at issue in the proceedings
    • the adult has regained capacity and you are requesting the order be terminated
    • there is reason to believe there has been a significant change in the capacity of the adult

    If you are unsure if a capacity assessment report is required, you may want to consult a lawyer.

    Completed capacity assessments must be dated sometime in the 6 months before you submit your application.

    Step 2. Fill out the application forms

    rouble opening or completing PDF forms?

    Fillable forms do not open properly on some mobile devices and web browsers. To fill in and save this form:

    1. Click on the PDF link to save it on your computer.
    2. Launch Adobe Reader.
    3. Open the PDF from within Adobe Reader. You can now fill and save your form.

    Download the Guide to Applying for Review of Adult Guardianship and Trusteeship (PDF, 222 KB).

    Individual forms option

    Fill out these forms separately:

    Form 14: Application

    Form 15: Affidavit of Applicant

    Depending on the circumstances, you may also need to complete some or all of these forms separately:

    Form 32: Guardianship Plan

    Form 34: Trusteeship Plan

    Form 33: Guardian's Record of Decisions

    Form 24: Consent of Proposed Guardian (Individual) 

    Form 26: Consent of Proposed Alternate Guardian (Individual)

    Form 27: Consent of Proposed Trustee (Individual)

    Form 29: Consent of Proposed Alternate Trustee (Individual)

    Form 30: Personal References

    • The Personal References form is only needed for a new decision-maker you are requesting to be appointed.

    If you are unsure which forms are required, you may want to consult a lawyer.

    Bundled forms option

    Download and fill out the forms in this bundle:

    Application Bundle (PDF, 3.3 MB)

    Step 3. Submit your review application package

    Submit your application to your local OPGT office.

    When you submit your application

    Courthouse staff will contact you by email to request electronic payment by credit card or VISA-debit card of the $50 court filing fee.

    If you do not wish to pay electronically:

    • include a cheque, bank draft, or money order for the $50 court filing fee made out to the Government of Alberta with your application
    • your cheque will be cashed when your application is submitted to the court, which may take up to 6 months

    After you apply

    OPGT staff will:

    • send a Notice of Application to:
      • the people listed as interested parties in the application
      • anyone else they think should know about the application
    • contact each proposed or alternate decision-maker that is not currently appointed to the requested role about the background check and cost
    • talk 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

    If someone does not support your application, they can request a court hearing to oppose it.

  • Guardianship review – with a hearing

    You may want to contact a fee-for-service provider or a lawyer for this process

    Step 1. Get a capacity assessment if appropriate

    A capacity assessment may be required if:

    • the application for a review is made in accordance with a requirement in the order, unless the order provides that a capacity assessment is not required;
    • the adult’s capacity is at issue in the proceedings;
    • the adult has regained capacity and you are requesting the order be terminated
    • there is reason to believe there has been a significant change in the capacity of the adult

    If you are unsure if a capacity assessment report is required, you may want to consult a lawyer.

    Completed capacity assessments must be dated sometime in the 6 months before you submit your application.

    Step 2. Fill out the application forms

    Trouble opening or completing PDF forms?

    Fillable forms do not open properly on some mobile devices and web browsers. To fill in and save this form:

    1. Click on the PDF link to save it on your computer.
    2. Launch Adobe Reader.
    3. Open the PDF from within Adobe Reader. You can now fill and save your form.

    If you are still having problems opening the form, please contact PDF form technical support.

    Download the Guide to Applying for Review of Adult Guardianship (PDF, 209 KB).

    Individual forms option

    Fill out these forms separately:

    Form 14: Application

    Form 15: Affidavit of Applicant

    Depending on the circumstances, you may also need to complete some or all of these forms separately:

    Form 32: Guardianship Plan

    Form 33: Guardian's Record of Decision

    Form 24: Consent of Proposed Guardian (Individual)

    Form 26: Consent of Proposed Alternate Guardian (Individual)

    Form 30: Personal References

    • The Personal References form is only needed for a new decision-maker you are requesting to be appointed.

    Form 17: Notice of Application and Hearing

    If you are unsure which forms are required, you may want to consult a lawyer.

    Bundled forms option

    Download and fill out the forms in this bundle:

    Application Bundle (PDF, 3.3 MB)

    Step 3. Submit your application package

    You or your lawyer:

    • file your application with the clerk of the Court of King’s Bench
    • set a hearing date
    • send a Notice of Application and Hearing to all the interested parties

    When you file your application

    You will need to pay a $50 court filing fee when you file your application.

    Payments can be made at the courthouse either:

    • electronically, through a credit or debit card
    • by a cheque or money order made out to the Government of Alberta, included with your application

    If you are working with a lawyer, your lawyer will help you with this.

    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 will do this for you.

    After you apply

    OPGT staff will:

    • contact each proposed or alternate decision-maker that is not currently appointed to the requested role about the background check and cost
    • talk 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 are responsible to notify all interested parties about the hearing date.

    If an interested party opposed the application, they or their lawyer must attend the hearing to voice their concerns.

  • Guardianship and trusteeship review – with a hearing

    You may want to contact a fee-for-service provider or a lawyer and an accountant to prepare the trusteeship application.

    Step 1. Get a capacity assessment if appropriate

    A capacity assessment may be required if:

    • the application for a review is made in accordance with a requirement in the order, unless the order provides that a capacity assessment is not required;
    • the adult’s capacity is at issue in the proceedings;
    • the adult has regained capacity and you are requesting the order be terminated
    • there is reason to believe there has been a significant change in the capacity of the adult

    If you are unsure if a capacity assessment report is required, you may want to consult a lawyer.

    Completed capacity assessments must be dated sometime in the 6 months before you submit your application.

    Step 2. Fill out the application forms

    rouble opening or completing PDF forms?

    Fillable forms do not open properly on some mobile devices and web browsers. To fill in and save this form:

    1. Click on the PDF link to save it on your computer.
    2. Launch Adobe Reader.
    3. Open the PDF from within Adobe Reader. You can now fill and save your form.

    If you are still having problems opening the form, please contact PDF form technical support.

    Download the Guide to Applying for Review of Adult Guardianship and Trusteeship (PDF, 222 KB).

    Individual forms option

    Fill out these forms separately:

    Form 14: Application

    Form 15: Affidavit of Applicant

    Depending on the circumstances, you may also need to complete some or all of these forms separately:

    Form 32: Guardianship Plan

    Form 34: Trusteeship Plan

    Form 33: Guardian's Record of Decisions

    Form 24: Consent of Proposed Guardian (Individual)

    Form 26: Consent of Proposed Alternate Guardian (Individual)

     Form 27: Consent of Proposed Trustee (Individual)

    Form 29: Consent of Proposed Alternate Trustee (Individual)

    Form 30: Personal References

    • The Personal References form is only needed for a new decision-maker you are requesting to be appointed.

    Form 17: Notice of Application and Hearing

    If you are unsure which forms are required, you may want to consult a lawyer.

    Bundled forms option

    Download and fill out the forms in this bundle:

    Application Bundle (PDF, 3.3 MB)

    Step 3. Submit your application package

    You or your lawyer:

    • file your application with the clerk of the Court of King’s Bench
    • set a hearing date
    • send a Notice of Application and Hearing to all the interested parties

    When you file your application

    You will need to pay a $50 court filing fee when you file your application.

    Payments can be made at the courthouse either:

    • electronically, through a credit or debit card
    • by a cheque or money order made out to the Government of Alberta, included with your application

    If you are working with a lawyer, your lawyer will help you with this.

    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 will do this for you.

    After you apply

    OPGT staff will:

    • contact each proposed or alternate decision-maker that is not currently appointed to the requested role about the background check and cost
    • talk 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 are responsible to notify interested parties about the hearing date.

    If an interested party opposed the application, they or their lawyer must attend the hearing to voice their concerns.

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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