Become a co-decision-maker - Alberta Human Services - Government of Alberta

Become a co-decision-maker

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

What’s important to know

  • The application process is similar to applying for guardianship.
  • It’s important that your application is filled out properly.
  • If an adult has a personal directive, they don’t need a co-decision-maker.

 

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

Have a professional evaluate whether the adult can make decisions on their own. This is called a capacity assessment.

You can ask a:

  • family physician
  • psychologist
  • psychiatrist
  • designated capacity assessor

Find a designated capacity assessor

They must fill out this form:

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

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 probably going 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.

Complete these forms in the order listed here

Bundle #1: Application for co-decision-maker

Bundle #2: Background checks

For all co-decision-making applications, we do a reference check and a criminal record 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.

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.

Organizations that provide free assistance

Along with your application, please include a cheque or money order for the $250 court filing fee. Cash is not accepted. Make your cheque or money order out to the Government of Alberta. Your cheque won’t be cashed for 30 to 50 days.

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.

Contact your local office

Along with your application, please include a cheque or money order for the $250 court filing fee. Cash is not accepted. Make your cheque or money order out to the Government of Alberta. Your cheque will not be cashed for 30 to 50 days.

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 co-decision-making.

They’ll prepare a report for the court. If you are the person applying to become a co-decision-maker, 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 thinks the application for co-decision-making isn’t a good idea, 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 co-decision-making is granted

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 a review date.

Learn more about co-decision-making review

Created:
Modified: 2017-12-20
PID: 17800

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