Form 7: Affidavit of Applicant – Review of Co-Decision-Making Order - Alberta Human Services - Government of Alberta

Form 7: Affidavit of Applicant – Review of Co-Decision-Making Order

Download Form 7 (PDF, 159.7 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: Enter the court file number from the existing order. Do not write anything in the court stamp box.

Judicial Centre: Enter the Judicial Centre that is on the existing order.

Adult’s Full Name: Fill in full legal name of the proposed assisted adult (here after referred to as the 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. Fill in the applicant’s address.


1. Insert the full legal name of the adult in which this application is for. Use the adult’s name as noted on the existing order.

2. An affidavit is a sworn or affirmed document. The affidavit should reflect accurately the information previously provided in Form 6.

3. Section 6 of the review application form (Form 6) relates to other documents submitted with application, e.g. capacity assessment report, consents etc.

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

4. Read this section carefully as you will either swear or affirm it after completing this document and taking it to a commissioner for oaths.

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

Describe alternate measures, including a supported decision making authorization, that have been implemented or considered and indicate why they have not been effective in meeting the adult’s needs or are unlikely to be effective to meet the adult’s needs. Indicate the source of your information and belief.

If you are completing the application electronically, the space will expand to fit all of the information entered. 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.

6. Describe any additional information you have for concluding it would be in the best interests of the adult for the Court to continue the Co-decision-making Order, indicating the source of your information and belief. You should consider the matters set out in Section 13(5) of the Act, because they must be considered by the court. If you have no additional information, say “None”.

7. Provide any information you have that will assist the Court in deciding whether the proposed co-decision-maker will act in the adult’s best interests and be a suitable guardian for the adult. You should consider the matters set out in Section 14(1) of the Act, because they must be considered by the Court.

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 the following section only if you have requested (in the application Form 6, Section 7) 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.

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 form (Form 6) instructions.

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 write 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. Read this section carefully as you will either swear or affirm it after completing this document and taking it to a commissioner for oaths. See application (Form 6, Section 8.0) instructions for more information regarding hardship to applicants.

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

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

Created:
Modified: 2015-12-15
PID: 16386

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