Form 14: Application for Appointment of Guardian, Trustee or Both - Alberta Human Services - Government of Alberta

Form 14: Application for Appointment of Guardian, Trustee or Both

Once you have obtained a completed Capacity Assessment Report, start your application documents with Form 14: Application for Appointment of Guardian, Trustee or Both. Other forms will make reference to how a question was answered in that form.

General Instructions

Court file number: Leave blank. A court file number will be assigned when the documents are filed with the court. Do not write anything in the court stamp box below the file number box.

Judicial Centre: The application should be made in the Judicial Centre nearest to where the proposed represented adult (hereafter called “the adult”) lives. Choose the Judicial Centre closest to where the adult lives from the choices provided. If you are completing the form on your computer, there is a drop down list of the available Judicial Centres. There is also a list provided at the end of these instructions. If you are unsure which Judicial Centre should be chosen, contact the Office of the Public Guardian.

Adult’s Full Name: Fill in full legal name of the proposed represented 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 (this is usually the person who wants to become the guardian). Do not use nicknames or abbreviations. Use the same name throughout the documents. Only one applicant is listed even if you are requesting to have more than one guardian and/or trustee. Item 5 on this form has an area to list other people who you also want appointed as guardians, trustees, alternate guardians or alternate trustees.

Applicant’s address for service: If you are not a lawyer, leave the top three lines blank. Fill in your own address, phone number etc. in the remaining area. This is the address where all correspondence about this application will be sent.

1. Information About the Application and Applicant
2. Information About the Adult
3. Information About Current Decision-Making Arrangements for the Adult
4. Information About Family Members and Other Interested Parties
5. Information About Proposed Guardian(s), Trustee(s), Alternate Guardian(s) and Alternate Trustee(s)
6. Information About Proposed Guardianship Order
7. Information About the Proposed Trusteeship Order
8. Other Documents Submitted with Application
9. Request to Dispense with Service or Notice
10. Costs and Other Matters


1. Information About the Application and Applicant

1.1 If you are applying for guardianship and trusteeship, check both boxes. If you are applying for only guardianship or only trusteeship, check the appropriate box.

1.2 The following information can help you decide if you want this application to proceed by “Desk” or “Hearing”.

Desk Application: Most applications proceed by way of a “desk application”. A “desk application” means the judge will make a decision about the guardianship or trusteeship order at his/her “desk” on the basis of the information you provide in this application. There is no court hearing involved with a desk application (you do not speak with the judge about the application). You submit the application documents to a Review Officer with the Office of the Public Guardian. The Review Officer will serve or send notice of the application to everyone who is required to be served or notified (e.g. family members) and will file the application documents with the Court. A court hearing before a judge will be required ONLY if someone requests a hearing (e.g. someone in the proposed represented adult’s family) or a judge decides a hearing should be held.

Hearing: A hearing for an application means that the application is heard in a public court room and the Court will listen to oral submissions in addition to having the information you submit as part of this application. An applicant may speak to the Court or have a lawyer represent them. Other interested parties may also speak to the Court at the hearing. To have your application proceed by hearing, you begin by filing the application documents with the Clerk of the Court and set a date for a hearing before a judge. You must then serve or send notice of the application and hearing to the adult, a Review Officer with the Office of the Public Guardian, and other required persons (e.g. family members). You will then need to complete and file affidavits of service and attend the hearing, either in person or have a lawyer represent you.

1.3 Select the appropriate term that describes your relationship to the adult. If you are selecting “other” please describe your relationship, (e.g. maternal aunt).

Please note that adult interdependent partner is a term that describes a person in a variety of personal relationships that fall outside of marriage, including common law relationships and committed platonic relationships, where two people agree to share emotional and economic responsibilities.

1.4 If your home address is different than the address for service you provided at the start of this form, then enter your home address and contact information here. Otherwise click on the box next to ‘Same as Address for Service’.

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2. Information About the Adult

2.1 Complete all information.

2.2 Fill in all the information you have. If the adult lives permanently in a residential facility (see below for the definition of a residential facility), then provide the name of the facility or the name of the Agency operating the facility.

“Permanent Residence” means the address where the adult lives the majority of the time.

A “Residential Facility” means a nursing home, a place of care for adults who are aged or infirm or who require special care, a hospital or auxiliary hospital and/or a premises, other than a private residence, in which 4 or more adults who are not related to the operator of the premises are provided with living accommodation, care and supervision, e.g. a group home or other living arrangement.

2.3 If the adult is temporarily living away from their permanent residence, (e.g. in hospital), provide the name and address of the temporary living situation. If the adult is currently residing where they normally live, check the box next to ‘Same as Above’.

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3. Information About Current Decision-Making Arrangements for the Adult

3.1 If the adult already has a supporter, co-decision-maker, guardian and/or trustee (see definitions in the general instructions), provide the information here. For example, if there is already a trusteeship order in place for the adult, check the trustee box and, if the trusteeship states a date when it is to be reviewed, provide the review date. If you are not certain if there is any other order in place for the adult, you can contact the Office of the Public Guardian.

If there is an existing supported-decision making agreement, refer to the written document, as there may or may not be a termination date.

If a co-decision-maker, guardian and/or trustee has/have already been appointed there will be a court order – refer to this document for the review date (if any).

3.2 Only complete this section if you have identified other forms of decision making support in 3.1.

If you are completing the Application on your computer you have the ability to add more spaces to provide the information required by clicking on the “Add Name” button.

If you are completing the Application by hand on printed application forms then you can add separate pages to provide the information required. Please note the form and item number on attachments. For example, at the top of the page put: Form 14, Item 3.2. Any time you add a page to the form, you will need to add a page number by hand (for example, if you insert a page of information after page 2, label the page ‘2a’) so that the Court can be sure it is reviewing a complete document.

3.3 and 3.4 If the adult made a personal directive and/or an enduring power of attorney prior to losing capacity, provide information about the documents here. You will be asked to provide copies of these documents with the application (Item 8 of this form).

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4. Information About Family Members and Other Interested Parties

Provide information for each living family member of the adult who both fits into one of the categories listed in this question and lives in Canada.

Provide as much information as you have about all indicated family members, treaty status (if First Nation) and other interested parties. Please make sure you provide addresses and phone numbers that are current to the best of your knowledge.

If you are completing the application on your computer, you have the ability to add more boxes to provide the information required by clicking on the “Add Family Member” and/or the “Add Name” button(s).

If you are completing the application on paper, then you can add separate pages to provide the information required. Please note the form and item number on attachments. For example, at the top of the page put: Form 14, Item 4. Any time you add a page to the form, you will need to add a page number by hand (for example, if you insert a page of information after page 2, label the page ‘2a’) so that the Court can be sure it is reviewing a complete document.

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5. Information About Proposed Guardian(s), Trustee(s), Alternate Guardian(s) and Alternate Trustee(s)

Complete with all information that is available; please make sure each address and postal code, and all phone numbers are complete and current. For each individual listed, make sure to indicate that person’s ‘Relationship to the Adult’ (e.g. son) and what role you are proposing they take on (e.g. alternate guardian).

If you are completing the Application on-line you have the ability to add more boxes to provide the information required by clicking on the “Add Name” button.

If you are completing the Application on paper, you can add separate pages or more space to provide the information required. Please note the form and item number on attachments. For example, at the top of the page put: Form 14, Item 5. Any time you add a page to the form, you will need to add a page number by hand (for example, if you insert a page of information after page 2, label the page ‘2a’) so that the Court can be sure it is reviewing a complete document.

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6. Information About Proposed Guardianship Order

You only complete this section if you are applying for guardianship. If you are not applying for guardianship (applying for trusteeship only), then:

  • If you are completing the forms on your computer, check the box next to ‘This section is not applicable to the application’ and the guardianship section will be removed.
  • If you are completing the forms by hand, cross out the section (questions 6.1, 6.2 & 6.3) and write your initials beside the “cross out” line.

6.1 This is the area where you say what kinds of decisions you want to make on behalf of the proposed represented adult. Refer to the Capacity Assessment Report when completing this list as the assessor will have identified areas in which he/she believes that the adult needs a guardian. For example, if Item 10 in the Capacity Assessment Report indicates the adult does not have the capacity to make health care decisions, you would apply to be guardian for health care decisions. It is important to refer to the Capacity Assessment Report when selecting the areas you want to be guardian as the Court uses this information to determine if guardianship is needed in each area. If the assessor does not believe, for example, that the adult requires a guardian in the area of social activities, but in your opinion the adult does, then you will need to provide additional information to support your request in your affidavit.

If you are selecting the last box (“any other personal matters”) you will need to write in the decision(s) that you feel need to be made and make sure that it does not fit in an area already identified, (e.g. attending a concert would not need to go into this section because it would be covered under social activities).

6.2 If there is only one proposed guardian, please check the box next to “N/A”. This Item does not apply to alternate guardians.

Section 31(1) of the Adult Guardianship and Trusteeship Act states that “The Court may appoint one or more guardians for an adult.” Where two or more guardians are appointed for the adult, the guardians may act and make decisions independently or “separately” regarding personal matters of the adult unless otherwise explained in Item 6.2.

If you select “NO”, this means that you are requesting to make an order to allow the guardians to act separately on all personal matters. This means that all decisions can be made by one guardian without the approval of any of the other guardians. Making decisions “separately” could be practical if one of the guardians in unavailable. In this case you do not need to fill in a description below.

If you select “YES”, this means that you are requesting to make an order where:

  • The guardians have to make decisions “jointly” in one or more of the areas of authority

OR

  • One of the guardians would be the decision maker in one or more specific area of authority and the other guardian(s) would be responsible for the other areas.

Making decisions in this manner may be practical if one of the guardians has more knowledge in a particular area (e.g. health care). If the guardians are to make decisions “jointly” that means that all decisions need to be approved by both or more guardians.

It is important to understand that how the order is written will determine the way that a service or health care provider will be able to accept a decision. If the order states that two guardians have to make decisions jointly, then the service or health care provider is obligated to ensure they obtain the decision from both guardians. For example, if consent was needed for a health care procedure, and two guardians have joint authority for health care, then both guardians would need to provide their written or verbal consent for the procedure.

6.3 The assessor who completed the Capacity Assessment Report may have suggested a review period. A review would involve the adult’s capacity being re-assessed and applying to Court to review the order. If you do not feel that a review is necessary, then check off the last box and ensure that your affidavit explains why a review isn’t needed. The Court will review the information and determine when a review is necessary and if so, in what time period. The Court will likely require a review date if the Capacity Assessment Report indicates that the adult’s condition may improve. Whether a review date appears in the order or not, you order will state that there are certain circumstances where a guardian must bring an order back to be reviewed by the Court.

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7. Information About the Proposed Trusteeship Order

You only complete this section if you are applying for trusteeship. If you are not applying for trusteeship (applying for guardianship only), then

  • if you are completing the forms on your computer, check the box next to “This section is not applicable to the application” and the trusteeship section will be removed.
  • if you are completing the forms by hand, cross out the section (questions 7.1, 7.2 & 7.3) and write your initials beside the “cross out” line.

7.1 If granted, a trusteeship order applies to all of the represented adult’s real and personal property located within Alberta. This area of the form is asking you to indicate if you are asking the Court to give any special authority or direction or to impose restrictions or conditions on your authority beyond what would be typically in a trusteeship order. If you check “Yes”, check the appropriate boxes and provide the indicated information which applies to your circumstances. Otherwise, please check off “no”.

Section 52(1) of the Adult Guardianship and Trusteeship Act states that the court may appoint one or more trustees for an adult. This does not apply to alternate trustees. If there is only one “main” trustee, then an explanation would not be needed.

The default position of the Adult Guardianship and Trusteeship Act is that multiple trustees must make financial decisions jointly unless otherwise requested in the application and granted in the Trusteeship Order. If you are proposing more than one trustee, and you do not want the trustees to be required to make all financial decisions jointly, please state how the trustees will make financial decisions in Section 7.1 of the application.

7.2 The Court has discretion to require a trustee to submit accounts for examination and approval within a specified period of time, even if you request that no accounting is necessary. The Court is likely to require an accounting unless you provide compelling information in your affidavit showing why it is in the adult’s best interest that no accounting be done.

7.3 The assessor who completed the Capacity Assessment Report may have suggested a review period. If you do not feel that a review is necessary, then check off the last box and ensure that your affidavit explains why a review isn’t needed. The Court will review the information and determine when a review is necessary and if so, in what time period. The Court will require a review date if the capacity assessment report indicates that the adult’s condition may improve. Whether a review date appears in the order or not, you order will indicate that there are certain circumstances where a trustee must bring an order back to be reviewed by the Court.

Please note that requirements (including dates) for examination and approval of accounts, and for review of the trustee’s authority are two separate matters. It is entirely possible for example, that you may obtain an order that does not require you to review the authority of the trustee by a specific date, but does require you to make an application to have accounts examined and approved by a specified date.

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8. Other Documents Submitted with Application

You must include with your application the documents that apply, e.g., if you are applying for guardianship, then you must include a guardianship plan with your application. Similarly, if you noted that the adult had a personal directive in Item 3, you would include a copy of the personal directive with the application if one is available to you.

8.2 Check the box that indicates you are, or will be, submitting the names of 2 personal references for each guardian, trustee, alternate guardian or alternate trustee.

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9. Request to Dispense with Service or Notice

9.1 The adult has a legal right to be served notice of the application and with a copy of all of the application documents (except Form 30) unless it would be harmful to the adult. The adult also has a legal right to object to your application.

If you have reason to believe it would be harmful for the adult to be served (notified) with the application you can ask the Court to allow you not to serve the adult- this is dispensing with service. You must provide information to the Court that would support your request to dispense with service. It is unlikely the Court will dispense with service on the adult unless the capacity assessment report also states that service is likely to cause harm to the adult. Be clear about why you feel service would be harmful especially when the assessor may not have come to the same conclusion. Please note that stating in your opinion the adult may become upset or angry or that the adult would not understand the documents are unlikely to be viewed as sufficient reasons to dispense with service upon the adult.

It is important to note that this section addresses the service or notice of the application to the adult. Ordinarily, a copy of the granted order will still be mailed to the adult even if the adult was not notified of the application. If you have reason to believe it would be in the best interests of the adult to be served with the order in a different manner, or it would be harmful for the adult to be served at all, you can ask the Court to include instructions about serving the order, or allow you not to serve the order on the adult. This request can be made in Item 10.2 of the Application. You must provide information to the Court that would support your request for special instructions about how the adult is served, or to dispense with service of the order altogether.

9.2 You may request the Court to dispense with notice upon any person, but you must provide reasons in your affidavit (Form 15) why you are making the request. For example, the Court will consider requests to dispense with service if you have made diligent efforts to find a person but have been unsuccessful, or the person has had no contact with the applicant for many years, or the person is incapacitated themselves (e.g., both husband and wife have dementia).

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10. Costs and Other Matters

Costs associated with an application typically include (but are not limited to):

Court Filing fee: $250 filing fee in the form of a cheque or money order payable to “Government of Alberta”.

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.

Capacity assessment report charge – a maximum of $500 for guardianship or trusteeship application. Guardianship and trusteeship would be up to $700.

Costs may be managed by using this kit. You must still pay the filing fee and some out of pocket expenses but you may not have to pay a legal fee. You will also need to pay for the Capacity Assessment Report. Discuss fees and the areas you believe require assessment (e.g., health care, employment decisions, etc.) with the assessor beforehand. Any physician or psychologist in the province may complete the assessment. Other professionals who have completed required training (called Designated Capacity Assessors) may also complete the assessment. A list of Designated Capacity Assessors is available on Office of the Public Guardian website.

If the application costs pose a financial hardship, the Crown (as represented by the Government of Alberta) may agree to help pay for the costs. If the proposed represented 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, up to the regulated maximum. 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 Court filing fee will be waived.

If the Crown agrees to a cost contribution (and is ordered by the Court to pay the cost) 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. The amount that the Crown can contribute towards legal fees is set by Regulation, and is currently at a maximum of $425.00 for a desktop application, and $500.00 for an application by hearing.


Additional Instructions

What’s important to know

When printing these forms, please print them single sided to comply with the Rules of the Court.

Judicial Centres

  • Calgary
  • Drumheller
  • Edmonton
  • Fort McMurray
  • Grande Prairie
  • Lethbridge
  • Medicine Hat
  • Peace River
  • Red Deer
  • St. Paul
  • Wetaskiwin
Created:
Modified: 2016-03-30
PID: 16391

Contact this service

1-877-427-4525 (toll-free)

8:15 am - 4:30 pm (Monday to Friday, closed statutory holidays)