Apply for co-decision-making review - Alberta Human Services - Government of Alberta

Apply for co-decision-making review

Follow these steps to apply for a co-decision-making review.

What’s important to know

The process is similar to an initial co-decision-making application. It’s important that your application is filled out properly.

 

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 an agency listed below or the Office of the Public Guardian and Trustee for more information.

Agencies that provide free help

Show Answer Step 2: Decide which application path to take

Desk application

Choose this path if you don’t think anyone will oppose the application.

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

Application by hearing

Choose this path if:

  • you need a co-decision-making order quickly
  • you think someone is likely to oppose the application, such as a family member

We recommend you use a lawyer for this type of application.

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

  • 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.

Application for co-decision-making review

If a new co-decision-maker is applying, add these background check forms to your application package

We will do a reference check and a criminal record check. If you have concerns about how this will impact your eligibility, please contact the Office of the Public Guardian and Trustee.

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 or with a lawyer, 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 a co-decision-making 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 don’t support it, they can ask for a court hearing.

If someone opposes the application

If the adult or someone else has serious concerns about the co-decision-making 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 co-decision-making order is renewed

You, the adult and other interested parties will receive a copy of the court order. It names the co-decision-maker, 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: 17798

Contact this service

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