Form 18: Order – Appointment of Guardian, Trustee or Both - Alberta Human Services - Government of Alberta

Form 18: Order – Appointment of Guardian, Trustee or Both

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Instructions

Note: Filling out this draft order is optional if you are proceeding by way of a desk application and you are not completing this application with the assistance of a lawyer. If you do not submit a draft order along with your application package, the Review Officer will prepare one for you based on the information provided in your application package.

This draft order contains many parts that may not apply to your situation.  Throughout the form there is “help text” to assist with completing the document.  The help text is shown in brackets, either “< >” or “[ ]”. This help text should be deleted as you make your way through the form. The text contained in a grey box on the first page should also be deleted after it has been read.

Include only those provisions that are appropriate for the application presented to the Court. Delete all parts that do not apply to the application being made, including any portions of the preamble to the order (the part before section 1). Standard provisions should be modified as appropriate to the context, e.g. to refer to multiple guardians or trustees.

Court file number: Leave blank (delete the “<court file number>” help text). 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. There is 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.

Full Name of the Person Whom the Application is About (“The Adult”): 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.

Document: Check the appropriate box(es) based on your type of application.

Applicant: 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.

Applicant’s Address for Service and Contact Information: Complete this section with the applicant’s address and contact information as it was completed on Form 14 – Application for Appointment of Guardian, Trustee of Both.

Order Prepared by: If a lawyer is completing this form then their name and contact information would be entered here.

1. Appointment of Guardian
2. Appointment of Trustee
3. Costs of Application
4. Other Matters


1. Appointment of Guardian

1.1 Include the appropriate boxes in the guardianship section if they match to your application. If you are not applying for any matters pertaining to guardianship, delete this section and proceed to number 2.

1.2 Include only if requested in application. Enter the name of the guardian(s) and state which personal matters they will make decisions about for the adult.

1.3 Include only if requested in application; provide details about which decisions the proposed guardians should make jointly.

1.4 Include only if requested in application. Provide the name(s) of those wishing to be appointed as alternate guardians.

1.5 Include in all cases where guardianship is requested.

1.6 Include in all cases. Leave this section blank – this section will be completed if the Court feels conditions, limits or requirements other than those put in the application are needed.

1.7 Include only if requested in application. Check the appropriate box if you are requesting that the Court terminate all or part of a personal directive.

1.8 List the name(s) of the guardian(s) and check off the appropriate box regarding the review of the order. If you check the first box, be sure to enter the number of years after which you will apply to have the order reviewed.

1.9 Include only if the adult is the subject of a co-decision making order. Enter the date of the order.

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2. Appointment of Trustee

Include the appropriate boxes in this section if they match to your application. If you are not applying for any matters pertaining to trusteeship, delete this section and proceed to number 3.

2.1 Include in all cases. Add the name(s) of the proposed trustee(s) and the name of the adult.

2.2 Include only if requested in application. Enter the name(s) of the proposed alternate trustee(s).

2.3 Include unless application requests narrower scope for order.

2.4 Include only if requested in application. Provide details about what property or financial matter(s) to which the order will apply.

2.5 Include only if requested in application. If your application lists real property (land) located outside the province (e.g. a recreational property in BC) please enter the name of that jurisdiction (location such as the state or province) and a description of the property.

2.6 Include in all cases.

2.7 Include in all cases – please read carefully.

2.8 Include details if you are asking the Court for specific authorization to do something with the adult’s real property (land) that is not within the general authority, e.g. you wish to sell the adult’s land or lease property for more than 3 years.

2.9 Include only if requested in the application. Please enter the amount of money to be deposited each month to the adult’s bank account and the maximum balance the account will hold.

2.10 Include only if requested in application. List the name(s) of one of more of the trustee(s) who are requesting exclusive authority over some aspect of the adult’s financial matters e.g. one trustee deals with bank accounts and the other sells the real property.

2.11 Include only if requested in application. List the matters for which any one of the trustees may exercise authority.

2.12 Include in all cases. Leave this section blank. If the Court feels limits or conditions are necessary these will be added here.

2.13 Include in all cases. Check the appropriate box. If you check the first box, please indicate the numbers of years after which you will apply for a review of the order.

2.14 Include if inventory of assets and liabilities is not submitted with application.

2.15 Include in all cases. Enter the name of the trustee(s) who will submit accounts. Check one of the two boxes but not both. If you check the first box, enter the number of years until the trustee(s) are required to submit accounts for the examination and approval of the Court.

2.16 Include if the adult is the subject of a co-decision-making order. Enter the date of the order.

2.17 Include if the adult has signed an enduring power of attorney. Enter the date of the power of attorney.

If needed, additional clauses can be added to accurately reflect the information in your application. For example, if a proposed, non-resident trustee is requesting to dispense with the requirement to provide a bond or security, a clause to that affect needs to be added to the draft order.

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3. Costs of Application

3.1 Check off the appropriate boxes so that this part of the order is consistent with the “Costs” section of the application. You may only check off one of the 3 main boxes. If you check the first box you must check one of the sub boxes but not both. Be sure to enter the name of the person or source who will pay costs or disbursements e.g. estate of the Adult or the applicant. If you check the third box you are advising the Court that you are not requesting to have the adult pay for any of the legal fees or disbursements that may have been incurred in putting the application together.

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4. Other Matters

4.1 If there are people you do not want notified of your application, including the adult, check off the box, and enter the person(s) name(s) and relationship to the adult. Add more lines if you need additional space or remove this section if it is not applicable.

4.2 Check only one of the boxes. If you check the second box, be sure to enter the name of the person to be served and the method of service eg. mail, registered mail, personal service.

4.3 Include this section only if the application is made about a person who has not yet attained the age of majority but you are applying for guardianship and or trusteeship for that individual in advance (see sections 24(10) or 43(2) of the Act).

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Justice signature line and information: The Court will complete the information.

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: 2015-04-22
PID: 16394

Contact this service

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

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