Form 32: Guardianship Plan - Alberta Human Services - Government of Alberta

Form 32: Guardianship Plan

Once you have obtained a completed Capacity Assessment Report, start your application documents with Form 14: Application for Appointment of Guardian, Trustee or Both for a new application or Form 19: Application for Review of Guardianship or Trusteeship Order or for Examination and Approval of Trusteeship Accounts for a review application. Other forms will make reference to how a question was answered in that form.

General Instructions

Before you complete this form, it will be useful to review the information you provided on your application form (Form 14 for new applications and Form 19 for review applications) and have the Capacity Assessment Report on hand so you can refer to it.

Form 32 lets the court know the plan you have in place to make decisions as the guardian of the proposed represented adult (hereafter called “the adult”).

Court file number: Leave blank if this is for an initial application. A court file number will be assigned when the documents are filed with the court. If this is for a review of an existing order, refer to that order for the Court File Number. 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 referred to as “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. If this is for a review of an existing order, enter the Judicial Centre of where the existing order was granted.

Adult’s Full Name: Fill in the full legal name of the adult. Do not use nicknames or abbreviations. Use the same name all the way through the documents. If this is for a review of an existing order, please enter the adult’s name as it appears on that existing order.

Proposed Represented Adult: Enter the adult’s name and address ensuring the information is the same as what you wrote on your application (Form 14 or Form 19) (e.g. do not use nicknames). This form also asks about the adult’s living situation. Here you can use a general description like: group home, long-term care, own apartment with support staff, etc.

Proposed Guardian/Alternate Guardian: Enter information about all of the proposed guardian(s) and proposed alternate guardian(s). Ensure this information is the same as the information you already provided on your application (Form 14 (Item 5) or Form 19 (Item 3)). If you are completing the forms 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 forms on paper, 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 32. Also, 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 1, label the page ‘1a’) so that the court can be sure it is reviewing a complete document.

1. Fill in the date the Capacity Assessment Report was prepared (refer to the last page of the Report for this information) and the name of the adult. In question 10 of the Report you will find the areas the adult is assessed to not have capacity in; place an X in the box beside each corresponding authority in this question.

For items 2 through 10 – If you are completing the forms on your computer, the forms will allow for more than one line of typing and will automatically add lines as needed. If you are completing the forms by hand, you can add separate pages to provide the information required. Please note the form and item number on all attachments. For example, at the top of the page put Form 32, Item 6. Also, 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 1, label the page ‘1a’) so the court can be sure it is reviewing a complete document.

2. Before you complete this question, review the information you provided on your application (Form 14, Item 6.1 or Form 19, Item 5.2) and the Capacity Assessment Report (CAR). This is an area where you can add any information that you feel the Court may need to know about the adult as it relates to their need for a guardian. This is especially important if you are applying to be guardian in an area where the CAR indicates the adult is capable. For example, the CAR indicates the adult is capable in the area of “social activities”, but you have applied to be guardian in this area on your application form, you must indicate why you believe the adult requires a guardian for social activities (e.g., vulnerable to exploitation at certain events or locations).

3. Identify the types of decisions you expect to make in the next year in each of the areas of authority applied for. For example, if you are applying for the authority to make decisions about your mother’s living arrangements, and you know you will need to find a supportive living arrangement for her, then you would indicate this in Item 3: “Planning to move my mother within the next year so she has higher levels of care and security”.

4. Identify the types of decisions you expect to make over the next five years in each of the areas of authority applied for. For example, if you are applying for the authority to make decisions about the adult’s living arrangements and the adult currently lives with you, you may decide that the adult should move out of your home. If the adult is an elderly parent, you might anticipate an increasing need for medical assistance; therefore you could indicate “health care decisions as required”.

5. As much as possible, the adult should be included in the decision making process and his/her independence encouraged. For example, if you have the authority to make decisions about the adult’s living situation, you might arrange for the adult to visit different facilities so they are able to tell you their preference. Item 5 is asking you to describe your ideas about involving the adult in decisions.

6. As much as possible, the adult should be informed of decisions that have been made on his or her behalf. This item is asking how you intend to let the adult know about the decisions you make on their behalf. For example, you might plan to meet with the adult once per month to discuss decisions made.

7. Guardianship is not always permanent. For example, a person may recover decision making abilities after a stroke. Item 7 is asking you to provide your ideas on how you plan to encourage the adult’s independence. For example, arranging for the adult to participate in rehabilitation or employment programs. Where increased independence is unlikely (e.g., prognosis is deterioration), you can write a statement to that effect in this section.

8.a. If you are aware that the adult expressed wishes, values, and beliefs before they became incapacitated, give examples of how you will take these opinions into consideration when you need to make a decision. For example, the adult is your elderly mother and prior to becoming incapable she stated she wanted to be close to her grandchildren. As this is a wish you will consider when making decisions, you might indicate that you will try to find a long-term care location close to family to facilitate visits.

8.b. In this area, provide information you will consider when making “best interest” decisions. For example, the opinion of health care providers, other family members, the adult’s current preferences, the risks of a particular decision versus the benefits of a particular decision, the adult’s past experiences in specific situations, etc.

9. Before you answer this question, review the information you provided on your application (Form 14, Item 6.2 or Form 19 Item 5.3). The question is asking how you and the other guardian(s) intend to make decisions. Complete this section only if more than one guardian is being appointed.

If you are requesting the appointment of only one guardian, enter “Not Applicable” in the space provided. The section does not apply to alternate guardians.

If you are requesting the appointment of more than one guardian, enter a description of how the multiple guardians will be making decisions. For example: if on Form 14, Item 6.2 (or Form 19 Item 5.3), you did not ask the Court to make an order in this area, then you might say: “We will consult each other when possible, but will be able to make decisions independently, to facilitate decision making for the adult. We will inform each other of decisions made on behalf of the adult in a timely manner.”

If, on Form 14, Item 6.2 (or Form 19 Item 5.3), you asked that the guardians be required to act jointly, then consider using a statement such as “The guardians will make decisions jointly in all matters.”

10. If you have any other comments pertaining to this application, identify them here. Highlight any issues or circumstances you believe it is important for the Justice to know when deciding if the adult requires a guardian. In this section you can also provide information regarding why you may have not asked the Court for a specific authority even though the Capacity Assessment Report identified that the adult lacks capacity to make decisions in that area. For example, if your mother is 95 and living in a continuing care centre, you would not need an order giving you authority to make employment or education decisions. It may also be that less intrusive, informal decision making is working in an area such as social activities.

Date and sign the guardianship plan. All proposed guardians and proposed alternate guardians are required to sign this document. If necessary, add more signature lines.


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: 16405

Contact this service

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

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