Form 19: Application for Review of Guardianship or Trusteeship Order or for Examination and Approval of Trusteeship Accounts (in any combination) - Alberta Human Services - Government of Alberta

Form 19: Application for Review of Guardianship or Trusteeship Order or for Examination and Approval of Trusteeship Accounts (in any combination)

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Use this application if you already have an Order for guardianship and/or trusteeship and you are asking for the Order(s) to be reviewed.

This form is also used to request examination and approval of trusteeship accounts.

Use only one application to review any combination of Orders.

Once you have obtained a completed Capacity Assessment Report, start your review application documents with Form 19: Application for Review of Guardianship or Trusteeship Order or for Examination and Approval of Trusteeship Accounts (in any combination). Other forms will make reference to how a question was answered in that form.

General Instructions

Court File Number: Enter the Court file number that is on your existing Order(s). Do not write anything in the court stamp box below the file number box.

Judicial Centre: Enter the same Judicial Centre that is on your existing Order(s). 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 the name of the Adult as it appears on the existing Order(s). Use the same name all the way through the documents.

Applicant’s Name: Fill in the name of the person making the application. This is usually the person who was ordered to complete a review in your existing Order(s). Only one applicant needs to be listed even if you are requesting to have more than one guardian and/or trustee. Item 3 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 address and contact information. This is the address where all correspondence about this application will be sent.

1. Information About the Application
2. Information About the Represented Adult (Adult)
3. Information About Guardians, Trustees, Attorneys and Agents
4. Information About Family Members and Other Interested Persons
5. Information for Guardianship Order Review
6. Information for Trusteeship Order Review
7. Information for Examination and Approval of Accounts
8. Other Documents Submitted with Application
9. Request to Dispense with Service or Notice
10. Costs and Other Matters


1. Information About the Application

1.1 Check all boxes below that apply to your situation. Be sure to enter the date(s) the original Order(s) were 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. The following information can help you decide if you want this application to proceed by “Desk” or “Hearing”.

Desk Application: Only a current guardian and/or trustee may initiate and proceed with the desk application to review an Order(s). A “desk application” means the judge will make a decision about the resulting 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.

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2. Information About the Represented Adult (Adult)

2.1 Complete all the information about the 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 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 currently away from their usual residence (e.g., 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 Guardians, Trustees, Attorneys and Agents

3.1 Complete all of the information for each person who is currently a guardian, alternate guardian, trustee or alternate trustee of the Adult and who is proposed for any of these positions. Indicate both the current and proposed position, if any, for each person.

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 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 19, Item 3.1. 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.

3.2 and 3.3 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 Persons

4.1 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.

4.2 Provide information only if the adult is an Indian who is a member of a band, and the adult is normally resident on a reserve.

4.3 Provide information if there is any other adult person who does not meet the above criteria, but you think should be given notice of the application.

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 19, 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 for Guardianship Order Review

You only complete this section if you are applying for a review of an existing guardianship order. If you are not applying for a guardianship review (applying for a review of an existing trusteeship order), 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 (Items 5.1, 5.2, 5.3 and 5.4) and write your initials beside the “cross out” line.

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 certain people from the Order. Replacement of an Order is required if you are reviewing an Order that was granted under the Dependent Adults Act.

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 guardian will need to assist the Adult. 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”) this should be supported by the Capacity Assessment Report, in which case you can enter what the assessor has said in the report. If the capacity assessor has not checked this box, but you believe additional authority is required, 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) and provide additional information to support your request in your affidavit.

Note: The areas of Licenses, Permits, etc. and Day-to-Day Decisions do not exist under the Adult Guardianship and Trusteeship Act.

5.3 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 5.3.

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.

5.4 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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6. Information for Trusteeship Order Review

You only complete this section if you are applying for a review of a current trusteeship order. If you are not applying for trusteeship review (applying for a review of 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 (Items 6.1, 6.2 and 6.3) and write your initials beside the “cross out” line.

6.1 In this section you can either request a continuation of the Order (with or without amendments), termination of the Order, replacement of the Order or discharge of certain people from the Order. Replacement of an Order is required if you are reviewing an Order that was granted under the Dependent Adults Act.

6.2 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.

6.3 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.

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7. Information for Examination and Approval of Accounts

You only complete this section if you are applying for an examination and approval of trusteeship accounts. If you are not applying for an examination and approval of trusteeship accounts (applying for a review of 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 examination and approval of accounts section will be removed.
  • if you are completing the forms by hand, cross out the section (Items 7.1, 7.2 and 7.3) and write your initials beside the “cross out” line.

7.1 Enter the start dates and end dates of the accounting period you are applying to have reviewed. This would usually be starting from the last time the trusteeship accounts were reviewed by the courts to a date close to when you started preparing these review application documents.

7.2 A trustee may request to be compensated for their duties as trustee. If so, this compensation would come from the represented adult’s property and the order has to state the courts approval of the ‘taking’ of that compensation. You may only check one of the options. If you check “other”, please provide information for the Court to consider.

7.3 You may only check one of the options. If you choose the first box, please enter the number of years.

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8. Other Documents Submitted with Application

8.1 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 3.1, 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 two personal references for each new 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 20) 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: $50 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 the Office of the Public Guardian and Trustee 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 for a desktop application, and $500 for an application by hearing.

10.2 Click either no or yes, not both. If you check yes, please provide a detailed explanation of your request. This would be the area of your application where you could make any other type of request that was not asked elsewhere in the application. Some examples may be to request that the court file be transferred to another judicial centre because the represented adult has moved since the last order was granted or requesting that the justice accept a Capacity Assessment Report that is dated more than six months from the time that you started the application.

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


Additional Instructions

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: 16395

Contact this service

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

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