Form 6: Application for Review of Co-Decision-Making Order - Alberta Human Services - Government of Alberta

Form 6: Application for Review of Co-Decision-Making Order

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Instructions

Use this application if you already have an Order for co-decision-making and you are asking for the Order to be reviewed.

Enter the Court file number and Judicial Centre that is on your existing Order.

Fill in the name of the assisted Adult the Order is about.

1. Information About the Application and Applicant
2. Information About the Assisted Adult (Adult)
3. Information About Co-Decision-Makers and Agents
4. Information About Family Members and Other Interested Persons
5. Information About Order Requested on Review
6. Other Documents Submitted with Application
7. Request to Dispense Notice
8. Costs and Other Matters


1. Information About the Application and Applicant

1.1 Be sure to enter the date(s) the Order(s) was granted on and the most recent date they were reviewed. If this is your first review, enter “not reviewed before”.

1.2 Check only one of the boxes – you may only proceed by Desk application or by Hearing, not both. Please note the description of each type of process to determine which is best for your situation.

2. Information About the Assisted Adult (Adult)

2.1 Complete all the information about the assisted Adult including checking off their marital status.

Adult interdependent partner is a term to describe a relationship of interdependence between two people. This may include heterosexual or same sex common law couples, as well as two non-conjugal persons who live together in a relationship of interdependence. In some circumstances it could even include two members of the same family, or two friends who live together.

2.2 Enter the usual residence address for the adult whether it is a home address or a residential facility such as a nursing home or assisted living place.

2.3 If the Adult is currently away from their usual residence (eg. Hospitalized or living elsewhere with a relative or in a second residence) please provide that information. If not, check “same as above”.

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3. Information About Co-Decision-Makers and Agents

3.1 Provide the following information for each person who is currently a Co-decision-maker of the Adult who is proposed for any of these positions. Indicate both the current and proposed position, if any, for each person. If more boxes are needed please click “add more” to the form or if you are completing in writing attach an additional piece of paper with section 3.1 clearly indicated.

3.2 Check either yes or no, but not both. Complete the information for each agent. If you need more space for additional names, please click “add more” or if you are completing in writing attach an additional piece of paper with the Section 3.2 clearly indicated.

Note: It is possible for a person to have a personal directive but not to have an agent named.

4. Information About Family Members and Other Interested Persons

4.1 You must provide the names and contact information for all family members of the Adult living in Canada who fits the categories listed. If you require additional space please click “add more”. If you are not completing the application online, then add a piece of paper – clearly identify the section (4.1).

4.2 Be sure to include this information if the Adult ordinarily lives on a reserve. If the person is not living on a reserve leave this section blank or insert n/a.

4.3 If there are any other interested persons who are 18 years of age or older who you think should be given notice of this application, please provide their contact information and their relationship to the adult. This may include close friends or other relatives who are especially close to the Adult and should receive notification of this application. If you require additional space for more names, please click “add more” or if completing in writing attach an additional piece of paper with the section number clearly identified (4.3).

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5. Information About Order Requested on Review

Complete this item if you are applying for review of a Co-decision-making Order.

Check the boxes that apply.

5.1 In this section you can either request continuation of the Order (with or without amendments), termination of the Order, replacement of the Order or discharge of the Order. If you discharge a co-decision-maker, you must indicate their name. You may not request more than one.

5.2 In the “Now” column, check off the areas that are identified in your current Order. In the “Proposed” column check off the areas that have been identified in the Capacity Assessment.

You may increase or decrease your authority from the current Order. If you wish to increase or decrease your authority you must examine your reasons why. Refer to the Capacity Assessment Report; the assessor will have identified the authority the co-decision-maker will need to assist the Adult.

Note: “Any other personal matters…” Only check this box if you require authority in a specific area, for example, a specific diet that is not health related, such as a vegetarian diet or a religion based diet or refusal of a blood transfusion on religious grounds.

5.3 Section 16(1) of the Adult Guardianship and Trusteeship Act states that the Court may appoint one or more co-decision-makers for an adult. This section also states that where the Court appoints two or more co-decision-makers for an adult, the Court may provide that the co-decision-makers are to act jointly, separately or successively in respect of specified personal matters of the adult. For example, if you and your sister are both applying to be appointed co-decision-makers for your mother who has dementia, and your sister lives out of the country, it may be in your mother’s best interest for you to be able to make some decisions independently. Check the box that pertains to your review, if you choose separately or successively, provide a description.

5.4 The Court may specify in a co-decision-making order that a contract respecting a personal matter is voidable if it is not in writing and signed by the assisted adult and the co-decision-maker. If you are requesting this, select yes.

5.5 Refer to the Capacity Assessment Report.

The assessor may have suggested for a review period. If so and you agree with the time frame, for example, six years, then propose this time frame.

If the assessor has not mentioned a review period but you feel that a review is needed then identify a review period, for example, six years.

If you do not feel that a review is necessary then check off the last box – the Court may still assign a review period.

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6. Other Documents Submitted with Application

6.1 You must include with your application the documents that apply.

If the matter is going to a hearing include the notice of application and hearing document.

If the Adult has any documents relating to current decision making arrangements and you have copies of these documents then include them with the review application.

*The capacity assessment report must be dated not more than 6 months before you start the application unless you are specifically requesting the Court to accept an older report. (You may make a request by completing 8.2 below.)

6.2 You must supply the names of two personal references.

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7. Request to Dispense Notice

7.1You may request to dispense with notice upon any person (other than the adult); however you must provide reasons why you are making the request. For example, the Court will consider requests such as the whereabouts of this person cannot be established with ordinary diligence (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.

You may check either yes or no, but not both. If you check yes, and you need more spaces for the names, please click “add more” or attach an additional piece of paper with the information and with Section 7.1 clearly indicated.

If your request is not supported by the Capacity Assessment Report then you must provide your own reasons as to why you feel the service upon the adult would be harmful.

Note: On a desk application the review officer will not send notice of the application to a person to whom you request the Court to dispense with notice. If you make such a request but the Court decides not to dispense with notice, a decision on your application will be delayed until the person is notified and given an opportunity to respond.

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8. Costs and Other Matters

8.1 Costs associated with a straightforward application include (but are not limited to):

Court Filing fee: $50 filing fee in the form of a cheque or money order payable to “Government of Alberta”.

Capacity Assessment Report charge – Maximum $500 if the capacity assessment is related exclusively to the adult’s capacity to make decisions about personal matters. If you are applying for a Co-decision-making and Trusteeship order jointly a maximum fee of $700 may be charged.

Legal fees: If you choose to use a lawyer to do your application it is important that you thoroughly discuss and understand the likely costs including legal fees and disbursements before you hire the lawyer. You should also understand who will be responsible for paying the legal fees and disbursements. Disbursements are items such as photocopying, courier, mail. Legal fees may vary between lawyers and depending on the complexity of the application.

Costs may be managed by using this kit (with or without the assistance of the Community Involvement Program). There will still be the filing fee and some out of pocket expenses but you may not have to pay a legal fee. You will still have to pay for the capacity assessment report.

In hardship situations the Crown may agree to a costs contribution. If the adult’s estate is less than $7,000 in liquid assets and it would be a hardship to the applicant(s) to pay the costs the Crown may pay for all or some of the costs. The applicant does not have to disclose their specific financial circumstances but if you are requesting costs from the Crown you must make a written statement of hardship in the sworn affidavit.

If the Crown agrees to a cost contribution the filing fee will be waived.

If the Crown agrees to a cost contribution and you choose to go to a lawyer then you will need to inform the lawyer that it is a hardship for you and the estate to pay the costs. It is important that you provide this information to the lawyer right away.

8.2 Click either no or yes, not both. If you check yes, please provide a detailed explanation of your request.

The applicant or their lawyer must sign and date the form.

Created:
Modified: 2016-03-30
PID: 16385

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