Form 15: Affidavit of Applicant – Application for Appointment of Guardian, Trustee or Both - Alberta Human Services - Government of Alberta

Form 15: Affidavit of Applicant – 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

An affidavit is a sworn or affirmed document. The affidavit must reflect accurately the information provided in your application.

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.

Complete the name and address of the applicant. Typically, there is only one person completing the application and therefore listed as “applicant” on the forms. However, if you have listed more than one applicant, click the “Add Name” button for more spaces for the name and address of each additional applicant. Ensure the names you enter here are consistent with the names listed in all other documents (e.g. the person listed as “applicant” on Form 14).

1. Information Applicable to All Applicants
2. Information Applicable to Applications to Appoint a Guardian
3. Information Applicable to Applications to Appoint a Trustee
4. Request to Dispense with Notice
5. Costs


1. Information Applicable to All Applicants

1.1 Enter whether your application is to appoint a ‘guardian’, ‘trustee’ or a ‘guardian and trustee’ for the adult.

1.2 This section verifies that you have completed or carefully read the other documents you referred to in Section 8 of the application form (Form 14) that were submitted with the application, (e.g. Capacity Assessment Report, consent of other people applying to be guardian or alternate guardian, etc.).

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2. Information Applicable to Applications to Appoint a Guardian

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 2.1-2.6) and write your initials beside the “cross out” line.

If you are completing this form on your computer, the spaces will automatically expand while you are typing in your responses.

If you are completing this form by hand, and need additional space, 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 15, Item 2.3. 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.

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

2.2 & 2.3 These questions ask about alternative measures that are less intrusive and less restrictive than guardianship. To make a guardianship order the Court must be satisfied that less intrusive measures have been implemented and have not been effective or these measures have been considered and are not likely to be effective. Some examples of less intrusive, but ineffective measures might be;

Help from family and support staff is no longer effective in helping the adult reach a decision. The adult is no longer able to understand information relevant to decisions, even with family and support staff providing explanations and assistance.

Specific Decision Making for health care decisions has been used many times, the adult’s decision making is deteriorating, and further complex health care decisions are expected in the future.

Given the adult’s current decision making limitations, a co-decision making order would not likely be effective in helping the adult make decisions.

2.4 Provide any other reasons why you believe the adult would benefit by having a guardianship order. If you have no additional information, say “None”.

2.5 Provide reasons why you believe that the proposed guardians and alternate guardians will act in the best interests of the adult. For example, they are aware of the wishes, values, and beliefs the adult held while capable; they are in contact with the adult, etc.

2.6 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” is 95 years old, has severe dementia, and therefore her condition is not likely to improve. She will require a guardian until the end of her life.)

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3. Information Applicable to Applications to Appoint a Trustee

You only complete this section if you are applying for trusteeship. If you are not applying for trusteeship (applying only for guardianship), 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 3.1-3.7) and write your initials beside the “cross out” line.

If you are completing this form on your computer, the spaces will automatically expand while you are typing in your responses.

If you are completing this form by hand, and need additional space, 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 15, Item 3.3. 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.

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

3.2 Before applying for trusteeship you should have already considered or used other less intrusive methods to assist the adult if they were available (e.g. AISH benefits financial administration program). Please describe these. If nothing else was used before the assessment indicated a trustee is needed, please enter “none” and then explain why no other methods were considered or used.

3.3 Describe any other information that may be helpful to the Court about why it would be in the adult’s best interest to have a trustee (e.g. financial decisions need to be made that cannot be made without the appointment of a trustee; the adult is at risk of exploitation by others).

3.4 Explain any additional reasons why you and any proposed alternate trustees are suitable to act. This may include information about the wishes of the adult, your relationship with the adult, and your abilities to handle financial matters.

3.5 Explain why your proposal for examination and approval of accounts is appropriate (this refers to what you indicated on Form 14, Item 7.2).

3.6 Explain why your proposal regarding review of the trusteeship order is appropriate (this refers to what you indicated on Form 14, Item 7.3).

3.7 If you have other information you feel would assist the Court in appointing you as trustee, please use the space provided or attach an additional sheet of paper. This is also the area where you would explain any special authority or direction relating to financial matters you may have requested in your application (this refers to the instructions you provided on Form 14, Item 7.1).

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4. Request to Dispense with Notice

You only complete this section if you have requested to dispense (i.e. not do service) with notice upon any party, including the Adult (Form 14, Items 9.1 and 9.2). If you have not requested to dispense with notice upon any one, then:

  • If you are completing the forms on your computer, check the box next to “This section is not applicable to the application” and this section will be removed.
  • If you are completing the forms by hand, cross out the section (question 4.1) and write your initials beside the “cross out” line.

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

If you are completing this form by hand, and need additional space, 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 15, Item 4.1. 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.

4.1 Enter the name of the person(s) you are requesting to dispense with notice of the application to and provide an explanation as to your reasons for this request.

If you are requesting to dispense with notice of the application to the adult, please keep the following in mind. 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.

If you are requesting to dispense with notice of the application to someone other than the adult, provide your reasons why you are making this 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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5. Costs

You only complete this section if you are requesting that the costs of the application be paid by the Crown (Form 14, Item 10.1). If you are not requesting the costs be paid by the Crown, then:

  • If you are completing the forms on your computer, check the box next to “This section is not applicable to the application” and this section will be removed.
  • If you are completing the forms by hand, cross out the section (questions 5.1, 5.2 & 5.3) and write your initials beside the “cross out” line.

5.1 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”. If the estate proves to be in a hardship situation then the Crown may agree to a contribution.

5.2 & 5.3 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.

Do not sign the document until you are in the presence of a Commissioner for Oaths.

The Commissioner for Oaths will complete the last section when you swear or affirm the document. All lawyers in Alberta are Commissioners for Oaths. Some real estate offices, financial institutions, municipal government offices and some Registry offices may also have Commissioners for Oaths on staff. There may be a cost so be sure to ask about any charges before having your documents commissioned.

All applicants indicated at the beginning of the form need to sign this document in the presence of the Commissioner for Oaths. If you are completing the forms on your computer, click on the “Add Signature” button if additional signature lines are needed.


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: 2015-10-19
PID: 16392

Contact this service

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

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