Trusteeship review

When you become a trustee, the court may set a deadline to review the file to ensure the arrangement is working well.

Overview

The trusteeship review process is similar to the initial trusteeship application. A trusteeship review happens when:

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

If the court also expects you to do an examination and approval of accounts, it will say so on the court order.

An adult guardianship review and trusteeship review can be done at the same time.

Not all trusteeship orders are 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 trustee 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 trusteeship order

How long does it take

A trustee review can take up to 3 to 6 months before:

  • the paperwork is finalized
  • the 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 trustee who has the authority to make decisions for up to 90 days.

Background checks for an alternative trustee

If you want to add an alternative trustee to the agreement, the OPGT will do these checks on them:

  • a reference check
  • a criminal record check
  • a credit check

If you have concerns about these checks and how they’ll impact their eligibility, contact the OPGT.

Trusteeship review without a hearing

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 and an accountant to prepare the trusteeship application if the adult:

  • owns land
  • has multiple bank accounts
  • has investments

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:

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 trusteeship review

Fill out all the forms in the package:
Application for Review of Trusteeship Order (PDF, 648 KB)

Since you’re completing a trusteeship review, on Form 27: Consent of Proposed Trustee (individual), do not choose either option in section 5.

If you want to apply for a trusteeship review and a guardianship review

Fill out all the forms in the package:
Application for Review of Guardianship and Trusteeship Order (PDF, 1.0 MB)

Since you’re completing a trusteeship review, on Form 27: Consent of Proposed Trustee (individual), do not choose either option in section 5.

Step 3. Fill out the background check forms

If you aren’t adding an alternative trustee

You don't need new background check forms – just use the originals.

If you're adding an alternative trustee

The person applying to become an alternative trustee must:

You must include their completed background check forms with your application.

Step 4. Submit your review application package

Your application package is made up of the documents from the above steps:

  • capacity assessment
  • application forms
  • background check forms for the alternative trustee

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 organizations that provide free assistance, they’ll submit the application package for you.

If you put the application package together on your own:

After you apply

A review officer from the OPGT will:

  • 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 opposes your application, they can request a court hearing to oppose it.

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

You may need a lawyer and an accountant to prepare the trusteeship application if the adult:

  • owns land
  • has multiple bank accounts
  • has investments

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:

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 trusteeship review

Fill out these forms:

Since you’re completing a trusteeship review, on Form 27: Consent of Proposed Trustee (individual), do not choose either option in section 5.

If you want to apply for a trusteeship review and a guardianship review

Fill out these forms:

Since you’re completing a trusteeship review, on Form 27: Consent of Proposed Trustee (individual), do not choose either option in section 5.

Step 3. Fill out the background check forms

If you aren’t adding an alternative trustee

You don't need new background check forms – just use the originals.

If you're adding an alternative trustee

The person applying to become an alternative trustee must:

You must include their completed background check forms with your application.

Step 4. Submit your review application package

Your application package is made up of the documents from the above steps:

  • capacity assessment
  • application forms
  • background check forms for the alternative trustee

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
  • put the application package together on your own, contact the OPGT for instructions

After you apply

A review officer from the OPGT will:

  • 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 interested parties about the hearing date.

When trusteeship is granted

Copies of the trusteeship court order are sent to:

  • you
  • any alternative trustees
  • the adult
  • other interested parties

The court order identifies:

  • the trustee
  • any alternative trustees
  • the areas the trustee has authority

It may also include a:

  • trusteeship review deadline
  • date for examination and approval of trusteeship accounts

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 trustee.

After you get a notice, you’ll have the option to:

  • support the application by ignoring the notice
  • oppose the application by responding to the notice

Publications

Tips for Newly Appointed Trustees

Checklist: What to bring to your appointment (PDF, 380 KB)

Contact

Find an OPGT office near you