Form 2: Affidavit of Applicant – Application to Appoint Co-Decision-Maker - Alberta Human Services - Government of Alberta

Form 2: Affidavit of Applicant – Application to Appoint Co-Decision-Maker

Download Form 2 (PDF, 161.1 KB)

Instructions

Use this affidavit to support your application.

The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.

Court File Number: Leave Blank. A court file number will be assigned when the documents are filed. Do not write anything in the court stamp box.

Judicial Centre: The application will be made in the appropriate judicial centre having regard to where the assisted adult (hereafter called the adult) resides.

Full Name of the Adult: Fill in full legal name of the proposed assisted adult. Do not use nicknames or abbreviations. Use the same name all the way through the documents.

Applicant’s Name: Fill in full legal name of the person making the application; do not use nicknames or abbreviations. Use the same name throughout the documents.

An affidavit is a sworn or affirmed document. The affidavit should reflect accurately the information previously provided in Form 1.


1. If you are completing the Application by hand on printed forms then fill in the full legal name of the adult in which this application is for. If you are completing this form electronically, type in adult’s name.

2. Section 7 of application (Form 1) relates to other documents submitted with application, e.g. capacity assessment report, consents etc.

3. Please read carefully as you will be required to swear or affirm this statement.

4. Complete only if the “adult” has a personal directive or supported decision making agreement and you feel that these methods of decision making are no longer effective, then provide reasons why. Support your reasons with examples and information from the capacity assessment report.

If you are completing the application electronically you have the ability to add more boxes to provide the information required. If you are completing the application on paper then you can add separate pages or put in more space to provide the information required. This is applicable to any description field.

5. Complete only if the adult does not have a personal directive or supported decision making agreement and you believe that these methods of decision making would not be effective. Support your reasons with examples and information from the capacity assessment report.

6. Provide any other reasons why you believe the adult would benefit by having a Co-decision-making order. You may leave this section blank.

7. Provide reasons why you believe that the proposed Co-decision-maker(s) would be “good” Co-decision-maker(s). e.g. “the adult is my son, I know him better than anyone else and I only want what is best for him”.

8. Review period: provide reasons why you have selected the requested time frame for a review – use the capacity assessment report as a reference. If you are not requesting a review period you will need to provide reasons as to why not, e.g. the adult has a developmental disability and his/her capacity is stable and not likely to improve.

Complete this section only if you have requested in the Application (Form 1, Section 8.0) to dispense with notice upon any party.

9. Name the person you do not wish to have a copy of the application and provide the reasons why. See Application Instructions (Form 1) in this area.

The adult has a legal right to be served with the application and unless it would be harmful in some way to the adult then the adult should be served. The adult also has a legal right to object to your application. Ultimately it will be the Judge who decides if the adult should be served or not. Lack of understanding of the legal documents or believing that the adult may get upset or angry if served with the documents should not be considered as reasons to dispense with service upon the adult.

You may request to dispense with notice upon any party; however you must provide reasons why you are making the request. The court will consider requests like the whereabouts of this person are unknown to you (you will need to prove to the court that you have attempted to locate this person), or the person has had no contact with the applicant for many years, or the person is incapacitated themselves. If you believe that a person may have an objection to you appointment then they must be served, unless the court feels it would be detrimental to the adult. For example, if a family member is violent and could cause harm to the adult if they became aware of the application, the Court may determine it would be detrimental to the adult.

Complete only if you are requesting costs from the crown.

Refer to the Application instructions (Form 1).

10. Provide all financial information to the best of your knowledge. If you do not know the financial resources and obligations of the adult then type in “unknown”. This does not mean the Crown will refuse to pay the costs, it means that the value of the Estate will need to be determined after an Order is granted. If the estate proves to be in a hardship situation then the Crown may agree to a contribution.

11. and 12. See Application instructions (Form 1 Section 9.1) for more information regarding hardship to applicants.

Do not sign the document until you are in the presence of the commissioner of oaths.

The commissioner of oaths will complete the last section when you swear or affirm the document.

Created:
Modified: 2015-12-15
PID: 16382

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