Co-decision-making review

When to review

The co-decision-making review process is similar to the initial co-decision-making application. A co-decision-making review happens when:

• the court orders a review to make sure the arrangement is working well
• the co-decision-maker needs to end the agreement and no one else is listed as an alternate
• changes need to be made to the agreement
• an alternative co-decision-maker needs to be added to the agreement

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

Missing the deadline

If you miss your deadline, either you continue as the co-decision-maker 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 co-decision-making order

How long does it take

A co-decision-making review usually takes 3 to 6 months before the:

• paperwork is finalized
• court makes a decision

Co-decision-making review without a hearing

Follow this process if you don’t think you application will be opposed.

With this process:

• you don't have to appear in court
• the judge makes a decision based on the information you submit

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’re a co-decision-maker

Fill out all these forms:

Form 5: Order – Appointment of Co-decision-maker (DOC, 100 KB)

Form 6: Application for Review of a Co-decision-making Order (PDF, 67 KB)

Form 7: Affidavit of Applicant – Review of Co-decision-maker Order (PDF, 159 KB)

Form 11: Consent of Proposed Assisted Adult (PDF, 34 KB)

Form 12: Consent of Proposed Co-decision-maker (PDF, 32 KB)

If you’re an alternative co-decision-maker

Fill out all these forms:

Form 6: Application for Review of a Co-decision-making Order (PDF, 67 KB)

Form 7: Affidavit of Applicant – Review of Co-decision-maker Order (PDF, 159 KB)

Form 11: Consent of Proposed Assisted Adult (PDF, 34 KB)

Form 12: Consent of Proposed Co-decision-maker (PDF, 32 KB)

Form 30: Personal References (PDF, 31 KB)

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 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 co-decision maker – 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

Co-decision-making review with a hearing

Follow this process if you think your application process will be opposed.

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:
  • the comments of the people at the hearing
  • the information in the application package

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’re a co-decision-maker

Fill out all these forms:

Form 5: Order – Appointment of Co-decision-maker (DOC, 100 KB)

Form 6: Application for Review of a Co-decision-making Order (PDF, 67 KB)

Form 7: Affidavit of Applicant – Review of Co-decision-maker Order (PDF, 159 KB)

Form 11: Consent of Proposed Assisted Adult (PDF, 34 KB)

Form 12: Consent of Proposed Co-decision-maker (PDF, 32 KB)

If you’re an alternative co-decision-maker

Fill out all these forms:

Form 6: Application for Review of a Co-decision-making Order (PDF, 67 KB)

Form 7: Affidavit of Applicant – Review of Co-decision-maker Order (PDF, 159 KB)

Form 11: Consent of Proposed Assisted Adult (PDF, 34 KB)

Form 12: Consent of Proposed Co-decision-maker (PDF, 32 KB)

Form 30: Personal References (PDF, 31 KB)

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

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

After you apply

A review officer from the OPGT will:

• if there is a proposed alternative co-decision maker – 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 all the interested parties about the hearing date.

When co-decision-making is granted

Copies of the court order are sent to:

• you
• any alternative co-decision-makers
• the adult
• other interested parties

The court order identifies:

• the co-decision-maker
• any alternative co-decision-makers
• the areas the co-decision-maker has authority

It may also include another co-decision-making review deadline.

Ending co-decision-making

By the adult

The adult can stop having a co-decision-maker at any time by following these steps.

Step 1. Fill out the form

Form 13: Withdrawal of Consent of Assisted Person (PDF, 31 KB)

Step 2. Submit the form

The adult or their lawyer file the form with the clerk of the Court of Queen’s Bench.

By the co-decision-maker

The co-decision-maker can also end their support if they’re no longer able to act as the co-decision-maker by completing a co-decision-making review.

Video

Publications

Co-Decision-Making

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Understanding Co-Decision-Making

Decision-Making Options

Contact

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