Form 23: Order – Review of Guardianship or Trusteeship Order or Examination and Approval of Trusteeship Accounts (in any combination) - Alberta Human Services - Government of Alberta

Form 23: Order – Review of Guardianship or Trusteeship Order or Examination and Approval of Trusteeship Accounts (in any combination)

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Instructions

Note: Filling out this draft order is optional if you are proceeding by way of a desk application. 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. Include only those parts that match what you are asking for in the application. Delete all parts of 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 in the order should be modified as appropriate to the situation- for example, to refer to multiple guardians or trustees.

In the first section enter all information except the name of the Honorable Justice and the date. The Justice’s name and date will be entered at the Court House when the Order is granted.

1. Appointment of Guardian
2. Trusteeship Order Review
3. Examination and Approval of Trusteeship Accounts
4. Costs of Application
5. Other Matters


1. Appointment of Guardian

If you are not applying for any matters pertaining to review of guardianship, remove this section and proceed to number 2.

1.1 Include the appropriate boxes in the guardianship section if they match to your application.

1.2 Include only if requested in application.

1.3 Include only if requested in application; enter the name of the guardian who is to be discharged if applicable.

1.4 Include only if requested in application. Insert the names of the guardians and explain what personal matters the guardian(s) should have exclusive authority over, e.g. one guardian deals only with living accommodations and another only deals with medical issues.

1.5 Include only if requested in application. Explain what matters the guardians must decide together e.g. medical issues.

1.6 Include only if requested in application. Add the name of the alternate guardian(s).

1.7 Leave in if guardianship plan has been submitted with application for Court’s approval.

1.8 Leave this box in the form in all cases, unless application requests termination of guardianship Order. The Court will set out any conditions, limits, or requirements considered appropriate.

1.9 Include only if requested in application. Enter the name(s) of the agent, the date of the personal directive and the areas of authority that are to be terminated.

1.10 Include in all cases, unless application requests termination of guardianship Order. Add the names of the guardian(s) and check off the first or second box (not both), whichever matches your request as set out in the application. If you check the first box, you must enter the number of years before the next review of the Order.

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2. Trusteeship Order Review

If you are not applying for any matters pertaining to review of trusteeship, remove this section and proceed to number 3.

Include the appropriate boxes in this section if they match to your application.

2.1 Include in all cases, unless application requests termination of trusteeship Order. Add the names of the new or continuing trustees and the name of the adult.

2.2 Include only if requested in application.

2.3 Include only if requested in application. Add the name of the trustee who is to be discharged.

2.4 Include only if requested in application. Add the name of the alternative trustee(s).

2.5 Include unless application requests narrower scope for Order.

2.6 Include only if requested in application. Explain which property or financial matter(s) the Order will apply to.

2.7 Include only if requested in application. Add the location of the real property outside the province of Alberta to which the Order will apply and enter a description of that real property. (Real property is land, a dwelling, mineral rights etc.)

2.8 Include if trusteeship plan has been submitted with application for court’s approval.

2.9 Include unless application requests termination of trusteeship.

2.10 Include unless Public Trustee is proposed trustee or application requests termination of trusteeship. Check the box if appropriate and outline the authority requested.

2.11 Include only if requested in application. Insert the maximum amount of money that can be deposited into the account in any given month and the maximum balance the account will hold.

2.12 Include only if requested in application. Enter the name of the trustee(s) and which areas of exclusive authority each will have, e.g., one trustee deals with bank accounts and the other sells the real property.

2.13 Include only if requested in application. Enter information about matters for which only one trustee may act.

2.14 Include in all cases, unless application requests termination of trusteeship. Leave this box empty and the Court will add the information if required.

2.15 Include in all cases, unless application requests termination of trusteeship. Enter the name of the trustee(s) who will be applying for a review of the Order. Check one of the two boxes but not both. If you check the first box, enter the number of years until the next review of the Order.

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3. Examination and Approval of Trusteeship Accounts

Include the appropriate boxes in this section if they match to your application. If you are not applying for any matters pertaining to Examination and Approval of Trusteeship Accounts, remove this section and proceed to number 4.

3.1 Include in all cases. Enter the name of trustee(s) and the start and end dates of the accounting period for which you seek approval.

3.2 Include if requested in application. Enter the amount of compensation requested.

3.3 Include in all cases unless application requests termination of trusteeship Order. Enter the name(s) 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.

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4. Costs of Application

4.1 Include this section each time. Check off the appropriate boxes.

Legal fees “to be reviewed” means you are using, or are intending to use, a Court process to have your lawyer’s fees established.

You may only check off one of the 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.

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5. Other Matters

5.1. 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.

5.2 If you check the second box, be sure to enter the name of the person to be served and the method of service e.g. mail, registered mail, personal service.

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

Created:
Modified: 2015-04-22
PID: 16398

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