Apply for trusteeship review - Alberta Human Services - Government of Alberta

Apply for trusteeship review

Follow these steps to apply for a trusteeship review.

What’s important to know

  • The process is similar to an initial trusteeship application. It’s important that your application is filled out properly. Please read the directions below carefully.
  • Sometimes the court also expects you to do an examination and approval of accounts. It will say so on the court order.

Learn more about examination and approval of accounts

  • If an adult owns land or has multiple bank accounts and/or investments, their finances can be complicated. In that case, it’s a good idea to use a lawyer to complete the application for review.


 

Show Answer Help is available

These organizations can help you complete an application at no cost.

You can also contact the Office of the Public Guardian and Trustee with questions. If the application is complex, consult a lawyer.

Show Answer Step 1: Have the adult’s capacity assessed


  1. If a review is not required but you are requesting one because you need to make a change to the court order, you don’t need an updated capacity assessment.

    However, when you apply, it is a good idea to include a copy of the original capacity assessment report that clearly indicates the adult’s condition is not going to change.
     
  2. If the court has requested the review, it will say so on your court order. In this case, you need an updated capacity assessment, even if the adult has a permanent condition.

A capacity assessment can be done by a:

  • family doctor
  • psychologist
  • psychiatrist
  • designated capacity assessor

Find a capacity assessor

The professional who does the capacity assessment must fill out this form:

It must be dated within 6 months of when you submit your application.

If the cost of a capacity assessment is a financial hardship for you, contact the Office of the Public Guardian and Trustee for more information.

Show Answer Step 2: Decide which application path to take

Desk application

Choose this path if you don’t think anyone, such as the adult or a family member, is likely to challenge your decisions as trustee.

Unless someone objects to the application and files the required form, you don’t have to go to court. The judge makes a decision based on the information in the application package.

Application by hearing

Choose this path if someone is likely to challenge your decisions as trustee, such as the adult or a family member. The application is discussed at a hearing. You or your lawyer must appear in court.

When making a decision, the judge considers the comments of the people at the hearing, as well as the information in the application package.

Show Answer Step 3: Fill out the application forms

 

What’s important to know

  • Some web browsers, such as Chrome and Mozilla Firefox, don’t open fillable PDF forms on our site; Internet Explorer 8.0 or higher works best.
  • You can apply for guardianship and trusteeship review at the same time
  • We prefer you complete the forms on your computer and print them. If you must complete them by hand, please use blue ink.
  • You can’t submit the forms online. Please print and submit a hardcopy original.
  • Print all forms single-sided. The court won’t accept double-sided forms.
  • Photocopies aren’t accepted.

 

If you are working with one of the agencies that provides free help or with a lawyer, they will walk you through this process.

You can also call the Office of the Public Guardian and Trustee if you have questions.

Apply for guardianship and trusteeship review at the same time

Apply for guardianship and trusteeship review and examination and approval of trustee’s accounts

To apply for trusteeship review only, complete the forms below

The links below provide additional instructions for the 5 forms included in the application package above. You don’t need to download the forms; just use the instructions that accompany them.

If you’re a corporation (not an individual) applying for trusteeship review, use this form instead of Form 27

Form 28: Consent and Undertaking Trustee (Public Trustee or Corporation)

Point #2 of this form assumes you are also applying for examination and approval of trustee’s accounts. That’s not always the case.

  • If you’re applying for examination and approval of trusteeship accounts at the same time as a trusteeship review, you submit an inventory of the adult’s assets and liabilities. You must use Form 37 – Inventory, which you can find here:

    Examination and approval of trustee’s accounts
     
  • If you’re not applying for an examination and approval of trusteeship accounts, please write “not applicable” on the form near point #5.

If a new trustee is applying, add these background checks forms to your application package

We will do:

  • a reference check
  • a criminal record check
  • a credit check

If you have concerns about these checks and how they’ll impact your eligibility, please contact the Office of the Public Guardian and Trustee.

If you are also doing an examination and approval of accounts

If the court expects you to do an examination and approval of trustee’s accounts at the same time as you do a trusteeship review, it will say so on the court order. If so, there are additional forms you need to complete.

Learn more about examination and approval of trustee’s accounts

Application by hearing

If you choose the application by hearing path, complete this form in addition to those listed above:

Show Answer Step 4: Submit your application

Desk application

Submit your application to your local Office of the Public Guardian and Trustee.

Contact your local office

If you’re working with one of the organizations that provides free assistance, they’ll submit your application package for you.

If you put the application package together on your own, before you submit it, please call one of the organizations that provides free assistance or the Office of the Public Guardian and Trustee. They’ll make sure you have all the necessary paperwork.

Along with your application, please include a cheque or money order for the $50 court filing fee. Cash is not accepted. Please make your cheque or money order out to the Government of Alberta. Your cheque won’t be cashed for 30 to 50 days.

Organizations that provide free assistance

Application by hearing

You or your lawyer submit your application to the clerk of the Court of Queen’s Bench of Alberta, set a hearing date and notify all the parties involved.

If anyone objects to the application, including the adult, they can go to the hearing to voice their concerns.

A copy of the application package you filed with the court must be served to the Office of the Public Guardian and Trustee at least 30 days before the hearing date.

If you are working with a lawyer, they’ll do this for you.

If you put the application package together on your own, contact your local Office of the Public Guardian and Trustee for instructions.

Along with your application, please include a cheque or money order for the $50 court filing fee. Cash is not accepted. Please make your cheque or money order out to the Government of Alberta. Your cheque won’t be cashed for 30 to 50 days.

Contact your local office

Show Answer After you apply

A review officer from the Office of the Public Guardian and Trustee will meet with the adult to ask them what they think about the application for review.

They’ll prepare a report for the court. If you are the person applying for trusteeship review, you’ll get a copy in the mail.

If this is a desk application, the review officer will also send a letter to:

  • the people listed as “interested parties” in the application
  • anyone else they think should know about the application

The letter tells them that an application has been made and that if they oppose it, they can ask for a court hearing.

If someone opposes the application

If the adult or someone else has serious concerns about the trusteeship review, they or their lawyer can go to court to voice their concerns.

  • If it’s an application by hearing, the person with concerns or their lawyer must go to court on the date of the hearing.
     
  • If it’s a desk application, the person with concerns must submit the form below by the date listed in the review officer’s letter.

    Form 31: Request for Hearing

    If that happens, the Office of the Public Guardian and Trustee will send you a detailed letter explaining next steps. You’ll have to file the form below with the court, set a hearing date and notify all parties involved.

    Form 39: Notice of Application and Hearing

The person who objects, or their lawyer, must appear in court to discuss their concerns.

If the trusteeship order is granted

You, the adult and other interested parties will receive a copy of the court order. It names the trustee, any alternates and the areas where you have authority to make decisions.

It may also include another review date.

Created:
Modified: 2017-12-20
PID: 18098

Contact this service

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

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