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Part of Alternate personal decision-making options for adults

Co-decision-making review

Apply for a co-decision-making review if you need to make changes to your court order or if the court sets a review deadline.

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Alternate personal decision-making options for adults

When to review

You can apply for a co-decision-making review at any time.

A review must happen when:

  • it is required by the court order
  • there is a change in the needs, circumstances or capacity of the adult
  • there is a change in the adult’s circumstances that affects the co-decision-maker’s ability or suitability to assist the adult
  • there is a change in the capacity of a co-decision-maker that affects the co-decision-maker’s ability or suitability to assist the adult

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

If you miss your deadline, you continue as co-decision-maker but it is required by law for you to complete this review.

How long does it take

A co-decision-making 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 documentation
  • 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 co-decision-making 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 2 things:

  1. You should consider:
    • The reasons you are applying for a review
    • If the decisions the adult needs assistance with have changed
  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 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 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

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To start the application process

Select the one option below that best meets the adult’s situation:

  • Co-decision-making 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

    Download and fill out these forms:

    Form 6: Application for Review of a Co-decision-making Order

    Form 7: Affidavit of Applicant – Review of Co-decision-maker Order

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

    Form 10: Review of Co-decision-making Order

    Form 11: Consent of Proposed Assisted Adult

    Form 12: Consent of Proposed Co-decision-maker

    Form 30: Personal References

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

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

    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 co-decision-maker that is not currently appointed to the requested role about the background check process 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.

  • Co-decision-making 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.

    The capacity assessment must be dated sometime in the 6 months before you submit your application.

    Step 2. Fill out the application forms

    Download and fill out these forms:

    Form 6: Application for Review of a Co-decision-making Order

    Form 7: Affidavit of Applicant – Review of Co-decision-maker Order

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

     Form 9: Notice of Application and Hearing – Review of Co-decision-making Order

    Form 10: Review of Co-decision-making Order

    Form 11: Consent of Proposed Assisted Adult

    Form 12: Consent of Proposed Co-decision-maker

    Form 30: Personal References

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

    Form 40: Affidavit of Service

    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 co-decision-maker that is not currently appointed to the requested role about the background check process 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.

When a court order is granted

The newly-appointed co-decision-maker 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

Publications

Co-Decision-Making

​Decision-Making Options

Contact

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