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AR 219/2009 ADULT GUARDIANSHIP AND TRUSTEESHIP REGULATION

(Consolidated up to 62/2013)

ALBERTA REGULATION 219/2009

Adult Guardianship and Trusteeship Act

ADULT GUARDIANSHIP AND TRUSTEESHIP REGULATION

Table of Contents

Interpretation

                1       Definitions

                2       Designation of health professions (health care providers)

Part 1
General

Capacity Assessment

                3       Capacity assessment

                4       Conduct of capacity assessments

                5       Capacity assessment report

                6       Designation of health professions

                7       Designation of capacity assessors

                8       Training and continuing competence

                9       Fees

              10       Payment of fees by Crown

Co‑decision‑making, Guardianship and Trusteeship

              11       Evidence of guardian’s or trustee’s death or incapacity

           11.1       Amendment of guardianship plan

              12       Property not subject to trusteeship order

              13       Authority of trustee

              14       Limits on authority to make gifts

              15       Trustee’s accounts

              16       Trustee fee schedule

              17       Results of investigation

Specific Decisions

              18       Right to refuse assessment

              19       Assessment

              20       Communication and assistance

              21       Duty to provide information

              22       Authorization by Public Guardian

              23       Limit on authority

              24       Scope of decisions

              25       Records

              26       Section 96 capacity assessment

Registry

              27       Registry information

              28       Disclosure

              29       Updates and corrections

              30       Accuracy of information

              31       Limit on duties of review officer

              32       Additional duties of Public Guardian

Part 2
Court Applications

              33       Interpretation

Division 1
Co‑decision‑making, Guardianship or Trusteeship

Application for Order Started by Desk Application

              34       Application

              35       Service and notice

              36       Duty of review officer

              37       Request for hearing

              38       Review officer’s report

              39       Filing of application

              40       Powers of Court

              41       Procedure where hearing required

              42       Application by interested person

Application for Order Started by Notice of Application and Hearing

              43       Application

              44       Service and notice

              45       Duty of review officer

              46       Review officer’s report

Review of Co‑decision‑making, Guardianship or Trusteeship Order

Application by Co‑decision‑maker, Guardian or
Trustee Started by Desk Application

              47       Application

              48       Service and notice

              49       Duty of review officer

              50       Request for hearing

              51       Review officer’s report

              52       Filing of application

              53       Powers of Court

              54       Procedure where hearing required

Application by Co‑decision‑maker, Guardian or Trustee
Started by Notice of Application and Hearing

              55       Application

              56       Service and notice

              57       Duty of review officer

              58       Review officer’s report

Application for Review of Co‑decision‑making, Guardianship
or Trusteeship Order by Other Person

              59       Application

              60       Service and notice

Application for Examination and Approval
of Trustee’s Accounts

              61       Financial statements

Desk Application

              62       Application

              63       Service and notice

              64       Request for financial statements

              65       Request for hearing

              66       Review officer’s report

              67       Filing of application

              68       Powers of Court

              69       Procedure where hearing required

Application Started by Notice of Application and Hearing

              70       Application

              71       Service and notice

              72       Request for documents

              73       Appointment of Public Trustee to assist

Division 2
Other Court Applications

              74       Opinion, advice or direction of Court

              75       Urgent guardianship or trusteeship order

              76       Order respecting appointment of Public Guardian or Public Trustee

              77       Order to give effect to guardian’s decision

              78       Approval of amendment of trusteeship plan

              79       Order directing trustee to submit accounts

              80       Order authorizing sale of property that is the subject of a bequest

              81       Determination that adult lacks capacity without
appointment of trustee

              82       Resealing of foreign orders

              83       Temporary protection order

              84       Order to aid investigation

              85       Review respecting specific decision making

              86       Access to financial information

              87       Order directing capacity assessment

Appeal to Court of Appeal

              88       Notice of appeal

Division 3
General

              89       Withdrawal of consent

              90       Applicant’s duty to obtain information

              91       Date of capacity assessment report

              92       General provisions regarding service

              93       Service in respect of person who has not attained age of majority

              94       Service on review officer

              95       Duplicate service not required

              96       Service or sending of orders

              97       Validity of forms and documents

              98       Additional consents

              99       Protection of sensitive information


            100       Costs paid by Crown

            101       Powers of Court

Part 2
Expiry and Coming into Force

            102       Expiry

            103       Coming into force

Schedules

Interpretation

Definitions

1(1)  In this Regulation,

                                 (a)    “Act” means the Adult Guardianship and Trusteeship Act;

                                 (b)    “college” means a college as defined in the Health Professions Act;

                                 (c)    “director”, in respect of a residential facility, means the person in charge of the facility;

                                 (d)    “regulated member” means a regulated member as defined in the Health Professions Act.

(2)  For the purposes of the Act,

                                 (a)    “gift” includes a charitable donation;

                                 (b)    “health profession” means

                                           (i)    the profession of medical practitioners under the Medical Profession Act, and

                                          (ii)    a profession that is regulated by the Health Professions Act;

                                 (c)    “residential facility” means

                                           (i)    a nursing home as defined in the Nursing Homes Act,

                                          (ii)    a place of care for adults who are aged or infirm or who require special care that is licensed under the Social Care Facilities Licensing Act,

                                         (iii)    an approved hospital or auxiliary hospital as defined in the Hospitals Act, and

                                         (iv)    a premises, other than a private residence, in which 4 or more adults who are not related to the operator of the premises are provided with living accommodation, care and supervision;

                                 (d)    “significantly impaired”, in respect of an adult’s capacity to make decisions, means that the adult’s cognitive and adaptive abilities

                                           (i)    are substantially limited as the result of an impairment, including, without limitation, a developmental disability, an organic, degenerative or neurological disease or disorder, an acquired brain injury or a chronic mental illness, and

                                          (ii)    are not so substantially limited that the adult would not have the capacity to make decisions with appropriate guidance and support;

                                 (e)    “temporary admission”, in respect of admission to a residential facility, means admission for a period not exceeding 6 months beginning on the day that a specific decision maker consents to the admission.

(3)  For the purposes of section 85 of the Act, “disposition that has testamentary effect” includes a designation of a beneficiary that is intended to take effect on the death of the represented adult.

(4)  References to an “adult” in the Act and the regulations include a person referred to in section 11(1), 24(1) or 43(2) of the Act where the context requires.

AR 219/2009 s1;37/2010;178/2011

Designation of health professions (health care providers)

2(1)  The following members of health professions are designated for the purposes of the definition “health care provider” in section 1(s) of the Act in respect of Part 3, Division 1 of the Act:

                                 (a)    a person who is registered as a medical practitioner under the Medical Profession Act;

                                 (b)    a nurse practitioner who is a regulated member of the Alberta College and Association of Registered Nurses;

                                 (c)    subject to subsection (2), a dentist who is a regulated member of the Alberta Dental Association and College.

(2)  The designation of a dentist who is a regulated member of the Alberta Dental Association and College is only applicable with respect to health care decisions.

(3)  The following members of health professions are designated for the purposes of the definition “health care provider” in section 1(s) of the Act in respect of Part 3, Division 2 of the Act:

                                 (a)    a person who is registered as a medical practitioner under the Medical Profession Act;

                                 (b)    a nurse practitioner who is a regulated member of the Alberta College and Association of Registered Nurses;

                                 (c)    a registered nurse who is a regulated member of the Alberta College and Association of Registered Nurses.

Part 1
General

Capacity Assessment

Capacity assessment

3(1)  The following apply to capacity assessments:

                                 (a)    a capacity assessment may be conducted only if the need for the capacity assessment has been established;

                                 (b)    an adult has the right to refuse to undergo or to continue with a capacity assessment;

                                 (c)    subject to subsection (4), an adult has the right to have a person present to assist the adult in feeling comfortable and relaxed when undergoing a capacity assessment;

                                 (d)    an adult has the right to have the assistance of an interpreter or the use of a device to assist the adult to communicate in order for the adult to be able to fully demonstrate his or her capacity during the capacity assessment;

                                 (e)    an adult shall be given the opportunity to undergo a capacity assessment at a time when and under circumstances in which the adult will be likely to be able to demonstrate the adult’s full capacity;

                                 (f)    a capacity assessor shall make reasonable efforts to obtain any information that is relevant to the assessment of the adult’s capacity.

(2)  The Minister may establish guidelines for the conduct of capacity assessments.

(3)  In establishing guidelines for the conduct of capacity assessments, the Minister shall consult with the colleges of the health professions whose members are or may be designated as capacity assessors under section 7.

(4)  A person who is present at a capacity assessment for the purpose of assisting the adult to communicate or to feel comfortable and relaxed

                                 (a)    shall comply with any directions of the capacity assessor, and

                                 (b)    may be asked to leave by the capacity assessor if the person does not comply with a direction under clause (a).

Conduct of capacity assessments

4(1)  A capacity assessment relating to co‑decision‑making, guardianship or trusteeship must be conducted in accordance with this section, section 3 and any guidelines established by the Minister under section 3.

(2)  Before conducting a capacity assessment, a capacity assessor shall

                                 (a)    ensure that he or she has been advised of the reasons why the capacity assessment has been requested and has been provided with a description of any event that gave rise to the request for a capacity assessment,

                                 (b)    obtain confirmation that a medical evaluation of the adult was conducted within the 3‑month period preceding the capacity assessment and that the results of the evaluation did not indicate that the adult was suffering from a reversible temporary medical condition that appeared likely to have a significant impact on the adult’s capacity to make a decision about personal matters or financial matters, and

                                 (c)    make reasonable efforts to

                                           (i)    meet with the adult in person, and

                                          (ii)    unless the level of consciousness of the adult is non‑responsive, explain to the adult

                                                  (A)    the purpose and nature of the capacity assessment,

                                                  (B)    that the adult has the right to refuse to

                                                            (I)    undergo the capacity assessment, or

                                                          (II)    continue with the capacity assessment at any point during the capacity assessment,

                                                  (C)    that the adult has the right to have a person present to assist the adult in feeling comfortable and relaxed when undergoing the capacity assessment,

                                                  (D)    that the adult has the right to have the assistance of an interpreter or the use of a device to assist the adult to communicate in order to be able to fully demonstrate the adult’s capacity during the capacity assessment, and

                                                  (E)    the significance and effect of a finding that the adult does not have the capacity to make a decision respecting personal matters or financial matters,

                                         (iii)    unless the level of consciousness of the adult is non‑responsive, ask the adult if there have been any significant changes recently in his or her beliefs and values related to making decisions about the matters being assessed, and

                                         (iv)    determine whether it is necessary for the adult to have or whether the adult is requesting the assistance of a person or the use of any device to undergo the capacity assessment, including, without limitation,

                                                  (A)    the assistance of an interpreter or device to communicate, or

                                                  (B)    the assistance of a person to be comfortable and relaxed.

(3)  A capacity assessor may conduct a capacity assessment only if the adult has not refused to undergo or continue with the capacity assessment and,

                                 (a)    in the opinion of the capacity assessor, the adult

                                           (i)    understands the purpose of the capacity assessment and that the adult has a right to refuse to undergo or continue with the capacity assessment,

                                          (ii)    appears to be capable of consenting to the capacity assessment, and

                                         (iii)    has consented to the capacity assessment,

                                     or

                                 (b)    in the opinion of the capacity assessor,

                                           (i)    the adult appears not be capable of consenting to the capacity assessment, and

                                          (ii)    it is in the best interests of the adult to conduct the capacity assessment.

(4)  If an adult refuses to undergo a capacity assessment or refuses to continue with a capacity assessment at any point during a capacity assessment, the capacity assessor

                                 (a)    shall forthwith leave the adult’s residence if the capacity assessor has attended at the adult’s residence to conduct the capacity assessment,

                                 (b)    shall not take any further steps with respect to the capacity assessment other than to note on the capacity assessment report that the adult has refused to undergo or to continue with the capacity assessment, and

                                 (c)    shall notify the person who has requested the capacity assessment that the adult refused to undergo or continue with the capacity assessment.

(5)  A capacity assessor may conduct a capacity assessment of an adult’s capacity to make decisions with respect to a matter only if the capacity assessor is satisfied that a capacity assessment with respect to that matter is warranted.

(6)  When conducting an assessment of an adult’s capacity to make decisions about personal matters or financial matters, the capacity assessor shall meet with the adult and shall

                                 (a)    consider the ability of the adult to

                                           (i)    understand the information that is relevant to a decision, and

                                          (ii)    appreciate the reasonably foreseeable consequences of

                                                  (A)    a decision, and

                                                  (B)    a failure to make a decision, and

                                 (b)    form an opinion about whether the adult has the capacity to make decisions about personal matters or financial matters

(7)  In forming an opinion under subsection (6), the capacity assessor shall take into account

                                 (a)    whether the adult has the ability to retain the information that is relevant to making decisions, and

                                 (b)    any other factors the capacity assessor considers appropriate.

(8)  If the capacity assessment is being conducted in respect of an application for a guardianship order or trusteeship order, on meeting with the adult under subsection (6), the capacity assessor shall also form an opinion as to whether service of an application for a guardianship order or trusteeship order is likely to cause serious emotional or physical harm to the adult.

(9)  If the capacity assessor is of the opinion that the adult does not have the ability to do the things referred to in subsection (6), the capacity assessor shall

                                 (a)    consider whether the adult is likely to regain some or all of the adult’s capacity to make decisions about personal matters or financial matters and, if so, the time in which the adult is likely to regain capacity, and

                                 (b)    if the capacity assessor believes that the adult is likely to regain some or all of the adult’s capacity to make decisions about personal matters or financial matters, include in the capacity assessment report a recommendation that a further capacity assessment of the adult be conducted, including the period within which it should be conducted.

(10)  Subsections (1) to (7) and (9) apply, with any necessary modifications, to a capacity assessment that is conducted for the purposes of section 96 of the Act.

AR 219/2009 s4;37/2010

Capacity assessment report

5   A capacity assessment report must be in the form prescribed by the Minister and must contain the information required in the form.

Designation of health professions

6   The following health professions are designated as health professions whose members may be designated as capacity assessors:

                                 (a)    profession of medical practitioners under the Medical Profession Act;

                                 (b)    profession of psychologists under the Health Professions Act;

                                 (c)    profession of registered nurses under the Health Professions Act;

                                 (d)    profession of registered psychiatric and mental deficiency nurses under the Health Professions Act;

                                 (e)    profession of occupational therapists under the Health Professions Act;

                                 (f)    profession of social workers under the Health Professions Act.

Designation of capacity assessors

7(1)  The following persons are designated as capacity assessors:

                                 (a)    a person who is registered as a medical practitioner under the Medical Profession Act;

                                 (b)    a psychologist who is a regulated member of the College of Alberta Psychologists under the Health Professions Act.

(2)  The Minister may designate a person as a capacity assessor if the person

                                 (a)    is a regulated member of a college of a health profession listed in section 6(c) to (f),

                                 (b)    has successfully completed a course for capacity assessors referred to in section 8, and

                                 (c)    meets any other requirements set by the Minister.

(3)  The Minister may revoke the designation of a person who is designated as a capacity assessor under subsection (2)

                                 (a)    if the Minister is satisfied that the person is no longer conducting capacity assessments,

                                 (b)    if the Minister is satisfied that the person is not conducting capacity assessments in accordance with the Act and the regulations, or

                                 (c)    for any other reason that the Minister considers warrants the revocation of the person’s designation as a capacity assessor.

(4)  The Minister shall maintain a list of persons who are designated as capacity assessors under subsection (2) and may make the list available to the public.

Training and continuing competence

8   The Minister may

                                 (a)    establish or approve a training course for capacity assessors, and

                                 (b)    establish or approve a continuing competence program for capacity assessors.

Fees

9(1)  Subject to subsections (2) and (3), a capacity assessor may charge a fee for a capacity assessment including the capacity assessment report up to a maximum of

                                 (a)    $500, if the capacity assessment relates exclusively to the adult’s capacity to make decisions about either

                                           (i)    personal matters, or

                                          (ii)    financial matters,

                                     or

                                 (b)    $700, if the capacity assessment relates to the adult’s capacity to make decisions about personal matters and financial matters.

(2)  Except where the fee for a capacity assessment is paid by the Minister under section 10, the Court may, on application, allow a higher fee for a capacity assessment on the basis of the complexity of the capacity assessment.

(3)  For greater certainty, subsection (1)(a)(i) also applies to a capacity assessment conducted under section 96 of the Act.

Payment of fees by Crown

10(1)  A person who is applying for a co‑decision‑making, guardianship or trusteeship order or for a review of an order may request the Crown to pay the fees for a capacity assessment of the adult in respect of whom the application is being made by submitting a request to the Public Guardian.

(2)  On receiving a request under subsection (1), the Public Guardian shall review the financial situation of the person making the request and the adult in respect of whom the application is being made, to determine whether it would be a financial hardship for the person making the request or the adult to pay the fees.

(3)  If the Public Guardian is satisfied that it would be a financial hardship for the applicant and the adult in respect of whom the application is being made to pay the fees for a capacity assessment of the adult, the Public Guardian may recommend to the Minister that the Crown pay the fees.

(4)  The Minister may, on the recommendation of the Public Guardian, pay the fees provided for under section 9(1)(a) and (b) for the capacity assessment of the adult in respect of whom the application is being made.

(5)  The Minister may pay the fees for only one capacity assessment of an adult in a calendar year.

Co‑decision‑making, Guardianship
and Trusteeship

Evidence of guardian’s or trustee’s death or incapacity

11   The evidence to be provided to the clerk of the Court under section 32(5), 36(2) or 53(5) of the Act is

                                 (a)    in the case of the death of the previous guardian or previous trustee, a copy of the death certificate or funeral director’s certificate respecting the previous guardian or previous trustee,

                                 (b)    in the case of the appointment of a guardian or trustee for the previous guardian or previous trustee, a copy of the guardianship or trusteeship order, or

                                 (c)    in the case of the coming into effect, because of the previous guardian’s or previous trustee’s incapacity, of

                                           (i)    a personal directive made by the previous guardian or previous trustee, a copy of the declaration of incapacity under the Personal Directives Act respecting the previous guardian or previous trustee, or

                                          (ii)    an enduring power of attorney made by the previous guardian or previous trustee, a copy of the enduring power of attorney and the declaration of contingency under the Powers of Attorney Act respecting the previous guardian or previous trustee.

Amendment of guardianship plan

11.1(1)  A guardian may amend a guardianship plan by

                                 (a)    completing a new guardianship plan in Form 32 that clearly indicates

                                           (i)    it is an amendment of the existing guardianship plan, and

                                          (ii)    the differences between the amended guardianship plan and the existing guardianship plan,

                                 (b)    filing the amended guardianship plan with the Court,

                                 (c)    serving, within 20 days of filing, the amended guardianship plan on

                                           (i)    the represented adult, if the represented adult was served with the application for the guardianship order, and

                                          (ii)    each guardian or alternate guardian of the represented adult,

                                     and

                                 (d)    sending, within 20 days of filing, the amended guardianship plan to a review officer.

(2)  An amended guardianship plan takes effect on the day on which it is filed with the Court.

AR 96/2010 s2

Property not subject to trusteeship order

12   A trusteeship order does not apply to real and personal property that the represented adult holds in trust or in any fiduciary capacity.

Authority of trustee

13(1)  Unless the trusteeship order or another order of the Court provides otherwise, a trustee may carry on a legal proceeding that relates to a financial matter of the represented adult and may receive and give a discharge for any money or property to which the represented adult is entitled under any judgment rendered in or settlement of the legal proceeding.

(2)  A trustee may not consent to the disposition of the homestead, as defined in the Dower Act, of the represented adult’s spouse unless the trusteeship order specifically authorizes the trustee to consent to the disposition of the homestead.

(3)  A trustee may grant a lease of the real property of the represented adult for a term not exceeding 3 years.

Limits on authority to make gifts

14(1)  The total value of gifts made by a trustee in a year out of the represented adult’s property under section 60(2) of the Act shall not exceed 5% of the represented adult’s taxable income for the previous year.

(2)  A trustee shall not make a gift to himself or herself out of the represented adult’s property under section 60(2) of the Act unless the proposed gift is disclosed in the trusteeship plan approved by the Court.

(3)  In deciding whether to make a gift out of the represented adult’s property under section 60(2) of the Act, a trustee shall consider any current wishes expressed by the represented adult.

(4)  A trustee appointed by a trusteeship order to which section 117(4) of the Act applies shall not make a gift under section 60(2) of the Act until after the trusteeship order is reviewed under section 70 of the Act.

Trustee’s accounts

15(1)  A trustee shall maintain at least the following accounting information for the purposes of section 63(1) of the Act:

                                 (a)    an inventory of the represented adult’s assets, liabilities, income and expenditures as of the date of the trustee’s appointment;

                                 (b)    an ongoing and complete record of transactions affecting the property administered by the trustee, which must include all of the following information that applies to each transaction:

                                           (i)    the date of the transaction;

                                          (ii)    the name of the other party to the transaction;

                                         (iii)    if money is received or paid in the transaction,

                                                  (A)    the amount,

                                                  (B)    a description of the transaction, and

                                                  (C)    the account into which the money is deposited or from which the money is paid or advanced;

                                         (iv)    if money is transferred between accounts in the transaction, the amount transferred and the accounts affected;

                                          (v)    a brief description of any items, services or property acquired in, disposed of or lent in the transaction;

                                         (vi)    if the transaction is a gift, including a charitable donation, made by the trustee on behalf of the represented adult

                                                  (A)    a statement to that effect, and

                                                  (B)    the estimated fair market value of the gifted property, if the property is not money;

                                        (vii)    receipts or invoices for all transactions involving the payment of $300 or more.

(2)  In this section, “transaction” includes

                                 (a)    receiving, paying, gifting or lending money on behalf of a represented adult,

                                 (b)    acquiring, disposing of or lending property other than money on behalf of a represented adult,

                                 (c)    transferring money between different accounts maintained by a trustee on behalf of a represented adult,

                                 (d)    incurring or discharging a liability on behalf of a represented adult, and

                                 (e)    entering into a contract on behalf of a represented adult.

Trustee fee schedule

16(1)  The fee schedule prescribed for the purposes of section 66(2) of the Act is set out in Schedule 1.

(2)  A trustee may elect to be compensated in accordance with the fee schedule by making the election in the trusteeship plan.

Results of investigation

17   An investigator shall notify the following persons as to whether the investigator concluded that a complaint under section 75 of the Act was founded or not founded and whether or not action was taken under section 77 of the Act:

                                 (a)    the assisted adult or represented adult;

                                 (b)    the complainant;

                                 (c)    the co‑decision‑maker, guardian or trustee who is the subject of the complaint;

                                 (d)    any other co‑decision‑maker, guardian or trustee appointed in the co‑decision‑making, guardianship or trusteeship order;

                                 (e)    subject to clause (g), the Public Guardian in the case of a complaint about a co‑decision‑maker or guardian;

                                 (f)    subject to clause (h), the Public Trustee in the case of a complaint about a trustee;

                                 (g)    the Minister in the case of a complaint about the Public Guardian;

                                 (h)    the Minister of Human Services, in the case of a complaint about the Public Trustee;

                                  (i)    any other person the investigator considers appropriate.

AR 219/2009 s17;170/2012;62/2013

Specific Decisions

Right to refuse assessment

18   Before assessing an adult’s capacity to make a decision respecting the adult’s health care or temporary admission to or discharge from a residential facility, a health care provider shall inform the adult that

                                 (a)    the adult has the right to refuse to

                                           (i)    undergo the assessment, or

                                          (ii)    continue with the assessment,

                                     and

                                 (b)    the likely effect that a refusal would have on the ability of the health care provider to provide the health care to the adult or temporarily admit the adult to or discharge the adult from a residential facility, as the case may be.

Assessment

19(1)  When assessing an adult’s capacity to make a decision respecting the adult’s health care, a health care provider shall meet with the adult in person and provide to the adult the information that a reasonable person would require to understand the proposed health care and to make a decision, including the following information:

                                 (a)    the condition for which the health care is being proposed;

                                 (b)    the nature of the proposed health care;

                                 (c)    the material risks and expected benefits to the adult of the proposed health care;

                                 (d)    any likely side effects of the proposed health care;

                                 (e)    alternative forms of health care for the condition;

                                 (f)    the reasonably foreseeable consequences if the adult is not provided with the health care.

(2)  When assessing an adult’s capacity to make a decision respecting the adult’s temporary admission to or discharge from a residential facility, a health care provider shall meet with the adult in person and provide to the adult the information that a reasonable person would require to understand the proposed temporary admission or discharge and to make a decision, including the following information:

                                 (a)    the reasons for the proposed admission or discharge;

                                 (b)    the location and type of residential facility to which it is proposed that the adult would be temporarily admitted, in the case of an admission;

                                 (c)    the material risks and expected benefits to the adult of the proposed admission or discharge;

                                 (d)    the alternatives available to the adult if the adult is not temporarily admitted to or discharged from the residential facility;

                                 (e)    the reasonably foreseeable consequences if the adult is not temporarily admitted to or discharged from the residential facility.

(3)  A health care provider shall determine if the adult has the capacity to make a decision to consent or refuse to consent to the health care or to be temporarily admitted to or discharged from a residential facility, as the case may be, based on whether or not the adult

                                 (a)    understands the information given to the adult by the health care provider under subsection (1) or (2), and

                                 (b)    appreciates the reasonably foreseeable consequences of

                                           (i)    a decision, and

                                          (ii)    a failure to make a decision.

(4)  A health care provider shall complete Form 6, prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation, in respect of an assessment of capacity conducted under this section.

AR 219/2009 s19;96/2010

Communication and assistance

20   When assessing an adult’s capacity to make a decision respecting the adult’s health care or temporary admission to or discharge from a residential facility, a health care provider

                                 (a)    shall communicate with the adult in a manner that is appropriate to the adult’s skills and abilities, and

                                 (b)    may allow the adult’s spouse, relatives or friends, who accompany the adult and offer their assistance, to help the adult to understand or to demonstrate an understanding of the matters referred to in section 19(1) or (2).

Duty to provide information

21   If a health care provider determines that an adult does not have the capacity to make a decision to consent to or to refuse to consent to the proposed health care of the proposed temporary admission to or discharge from a residential facility, the health care provider shall inform the adult of the following:

                                 (a)    that a specific decision maker may be selected to make the decision for the adult;

                                 (b)    that the adult has the right under section 96 of the Act to request a capacity assessor to conduct a capacity assessment;

                                 (c)    that the adult has the right under section 97 of the Act to apply to the Court for a review of the assessment of the adult’s capacity.

Authorization by Public Guardian

22(1)  The Public Guardian may authorize a person to be a specific decision maker for an adult if the person

                                 (a)    is a relative of the adult listed in the definition of “nearest relative” in section 1(x) of the Act, and

                                 (b)    meets the criteria set out in section 89(1)(a) to (f) of the Act.

(2)  For greater certainty, the Public Guardian may authorize a person who is not the nearest relative of an adult to be the specific decision maker for the adult.

(3)  The Public Guardian may not authorize the person that the health care provider had selected and whose selection was disputed to be the specific decision maker.

Limit on authority

23   The following types of health care are prescribed for the purposes of section 88(2)(e) of the Act:

                                 (a)    any type of heath care that is the subject of a treatment decision for an adult who is a formal patient as defined in, or who is subject to, a community treatment order under the Mental Health Act;

                                 (b)    any type of health care where a decision respecting the provision of or withdrawal or withholding of the health care would be likely to result in the imminent death of the adult.

AR 219/2009 s23;96/2010

Scope of decisions

24(1)  A specific decision maker may, in making a decision respecting an adult’s health care that the specific decision maker is authorized to make, make a decision to consent to or refuse to consent to the provision of or withdrawal or withholding of the health care to the adult.

(2)  A specific decision maker may, in making a decision respecting the adult’s temporary admission to or discharge from a residential facility that the specific decision maker is authorized to make, make a decision to consent to or refuse to consent to the adult’s temporary admission to or discharge from the residential facility.

(3)  Subject to subsection (4), if a specific decision maker has made a decision to consent to an adult’s temporary admission to a residential facility on a transitional basis, the specific decision maker may make a further decision with respect to the adult’s temporary admission to another residential facility.

(4)  Subsection (3) does not apply if

                                 (a)    more than 6 months have passed since the day on which the specific decision maker consented to the adult’s temporary admission to the residential facility on a transitional basis, or

                                 (b)    the adult’s health care provider or specific decision maker has reason to believe that there has been a significant improvement in the capacity of the adult to make a decision with respect to the adult’s temporary admission to a residential facility.

(5)  If a specific decision maker is making a decision pursuant to section 88(2)(d) of the Act, it is sufficient for the specific decision maker to rely on the research ethics board’s approval of the research or experimental activity involving the adult, even in a case where there is no known benefit, but also no harm from the treatment, to the adult.

(6)  For the purposes of subsection (5), “research ethics board” has the meaning given to it in the Health Information Act.

AR 219/2009 s24;96/2010

Records

25   In addition to the records required to be kept under section 91 of the Act, the health care provider who selects a specific decision maker to make a decision for an adult shall keep a copy of the assessment of the capacity of the adult referred to in section 19(4).

Section 96 capacity assessment

26   The period prescribed for the purposes of section 98(3) of the Act within which arrangements must be made for a capacity assessment is 7 days.

Registry

Registry information

27(1)  In addition to the documents referred to in section 106 of the Act, the Minister shall deposit the following information into the registry:

                                 (a)    information respecting the date by which a co‑decision‑making, guardianship or trusteeship order is required to be reviewed;

                                 (b)    contact information for each assisted adult or represented adult as set out in the co‑decision‑making, guardianship or trusteeship application or as provided by the assisted adult, represented adult, co‑decision‑maker, guardian or trustee;

                                 (c)    contact information for each co‑decision‑maker, guardian, alternate guardian, trustee and alternate trustee appointed under the Act as set out in the co‑decision‑making, guardianship or trusteeship application or as provided by the co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.

(2)  The Minister may deposit the following information and documents into the registry:

                                 (a)    information related to applications or orders under the Act that would limit the authority of the Public Guardian or Public Trustee to disclose information from the registry;

                                 (b)    a copy of any order made under the Dependent Adults Act;

                                 (c)    a copy of or information respecting any certificate of incapacity issued under the Dependent Adults Act.

(3)  Unless the Public Trustee is of the opinion that it would be impracticable to do so, the Public Trustee shall, on a request from the Minister that identifies the requested information or document specifically or by type, provide to the Minister any information or a copy of any document in the possession of the Public Trustee that is required to be or may be deposited by the Minister in the registry.

AR 219/2009 s27;96/2010

Disclosure

28(1)  Subject to subsection (2) and any express provisions to the contrary in a co‑decision‑making, guardianship or trusteeship order, the Public Guardian or the Public Trustee may disclose information, including personal information, from the registry to the following persons or bodies:

                                 (a)    the Provincial Court, Court of Queen’s Bench or Court of Appeal;

                                 (b)    a government institution as defined in the Privacy Act (Canada);

                                 (c)    a bank to which the Personal Information Protection and Electronic Documents Act (Canada) applies;

                                 (d)    a public body as defined in the Freedom of Information and Protection of Privacy Act;

                                 (e)    a custodian or an affiliate as defined in the Health Information Act;

                                 (f)    an organization as defined in the Personal Information Protection Act;

                                 (g)    the individual that the information is about or the individual’s co‑decision‑maker, guardian or trustee;

                                 (h)    a relative of

                                           (i)    an assisted adult,

                                          (ii)    a represented adult, or

                                         (iii)    an adult who is the subject of a certificate of incapacity;

                                  (i)    a lawyer representing a person or body referred to in clause (a) to (h).

(2)  The Public Guardian or Public Trustee may disclose information to a person or body referred to in subsection (1) only if

                                 (a)    the person or body has requested the information in a manner that is acceptable to the Public Guardian or Public Trustee and has

                                           (i)    identified the adult that the person or body believes is or may be the subject of a co‑decision‑making, guardianship, trusteeship order or certificate of incapacity,

                                          (ii)    identified the information that the person or body is requesting, and

                                         (iii)    set out the person’s or body’s reasons for requesting the information,

                                     and

                                 (b)    the Public Guardian or Public Trustee is satisfied that the person or body has a legitimate interest

                                           (i)    in determining whether an adult is the subject of a co‑decision‑making, guardianship or trusteeship order or certificate of incapacity,

                                          (ii)    in being advised of the terms of

                                                  (A)    an order or certificate referred to in subclause (i), or

                                                  (B)    an order made on a review of an order referred to in subclause (i),

                                             or

                                         (iii)    in being provided with contact information for a co‑decision‑maker, guardian or trustee of an assisted adult or represented adult.

(3)  A person or body who does not fall into a category set out in subsection (1) may request the Public Guardian or the Public Trustee to provide the person’s or body’s contact information to a co‑decision‑maker, guardian or trustee.

Updates and corrections

29   The Minister may update or correct any information contained in the registry.

Accuracy of information

30   The Minister, the Public Guardian and the Public Trustee are not responsible for the accuracy of information that is disclosed from the Registry.

Limit on duties of review officer

31   A review officer has no duties or functions except the duties and functions expressly provided for in the Act and the regulations.

Additional duties of Public Guardian

32   The Minister may designate the Public Guardian as a review officer, complaints officer or investigator.

Part 2
Court Applications

Interpretation

33(1)  In this Part,

                                 (a)    “band” means band within the meaning of the Indian Act (Canada);

                                 (b)    “council of the band” means council of the band within the meaning of the Indian Act (Canada);

                                 (c)    “date for submitting the request for hearing” means the date set out by a review officer in a request for hearing by which the  completed request for hearing is to be submitted to the review officer;

                                 (d)    “desk application” means an application for an order under section 13, 21, 26, 40, 46, 63 or 70 of the Act that the applicant proposes be considered and determined by the Court in accordance with section 111 of the Act;

                                 (e)    “Indian” means an Indian as defined in the Indian Act (Canada);

                                 (f)    “reserve” means reserve within the meaning of the Indian Act (Canada).

(2)  When counting to or from a date in months, time is calculated from the date on which the event or activity occurs in the month to

                                 (a)    the same‑numbered day in a subsequent or previous month (the target month), as the case may be, or

                                 (b)    if there is no same‑numbered date in the target month, the last day of the target month.

(3)  The forms for the purposes of this Part are set out in Schedule 2.

Division 1
Co‑decision‑making, Guardianship
or Trusteeship

Application for Order Started by
Desk Application

Application

34(1)  An interested person may start an application for a co‑decision‑making order under section 13 of the Act, a guardianship order under section 26 of the Act or a trusteeship order under section 46 of the Act by desk application by submitting the documents referred to in subsection (2), (3) or (4) to a review officer.

(2)  In the case of a desk application for a co‑decision‑making order under section 13 of the Act, the applicant shall submit the following:

                                 (a)    an application, in Form 1;

                                 (b)    the affidavit of the applicant, in Form 2;

                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trusteeship (Ministerial) Regulation;

                                 (d)    the consent of

                                           (i)    each proposed co‑decision‑maker, in Form 12,

                                                  (A)    to act as co‑decision‑maker, and

                                                  (B)    to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed co‑decision‑maker,

                                             and

                                          (ii)    the proposed assisted adult to the appointment of the proposed co‑decision‑maker, in Form 11;

                                 (e)    2 personal references for each proposed co‑decision‑maker, in Form 30;

                                 (f)    a draft co‑decision‑making order, in Form 5, to which the proposed assisted adult has consented;

                                 (g)    the Court filing fee.

(3)  In the case of a desk application for a guardianship order under section 26 of the Act, the applicant shall submit the following:

                                 (a)    an application, in Form 14;

                                 (b)    the affidavit of the applicant, in Form 15;

                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trusteeship (Ministerial) Regulation;

                                 (d)    a guardianship plan, in Form 32;

                                 (e)    the consent of each proposed guardian, in Form 24 or 25, and each alternate guardian, in Form 26,

                                           (i)    to act as guardian or alternate guardian, and

                                          (ii)    in the case of a proposed guardian or alternate guardian, to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed guardian or alternate guardian;

                                 (f)    2 personal references for each proposed guardian or alternate guardian, in Form 30;

                                 (g)    the Court filing fee.

(4)  In the case of a desk application for a trusteeship order under section 46 of the Act, the applicant shall submit the following:

                                 (a)    an application, in Form 14;

                                 (b)    the affidavit of the applicant, in Form 15;

                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trusteeship (Ministerial) Regulation;

                                 (d)    a trusteeship plan, in Form 34 or 35;

                                 (e)    either

                                           (i)    an inventory, in Form 37, or

                                          (ii)    the proposed trustee’s undertaking to file an inventory with the Court within 6 months of the effective date of the proposed trustee’s appointment as trustee, unless the Court dispenses with the filing of the inventory;

                                 (f)    the consent of each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29,

                                           (i)    to act as trustee or alternate trustee, and

                                          (ii)    in the case of a trustee who is an individual, to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check respecting the proposed trustee or alternate trustee;

                                 (g)    2 personal references for each proposed trustee or alternate trustee who is an individual, in Form 30;

                                 (h)    the Court filing fee.

(5)  If the applicant has not submitted all of the documents required under subsection (2), (3) or (4), the review officer shall advise the applicant that the documents are not complete and may return some or all of the documents to the applicant.

(6)  In addition to the documents referred to in subsections (3) and (4), an applicant for a guardianship or trusteeship order may also submit to the review officer a draft order, which may be in Form 18.

Service and notice

35(1)  If all of the documents required under section 34(2), (3) or

(4) have been submitted to the review officer, the review officer shall

                                 (a)    prepare a notice of application, solely on the basis of the information set out in the application submitted to the review officer under section 34(2), (3) or (4),

                                           (i)    in Form 3, in the case of an application for a co‑decision‑making order, or

                                          (ii)    in Form 16, in the case of an application for a guardianship or trusteeship order,

                                     and

                                 (b)    serve and send the notice of application and other documents with respect of the application in accordance with subsections (2) to (7).

(2)  Subject to subsection (3), the review officer shall serve the following documents on the adult who is the subject of the application:

                                 (a)    all of the documents in respect of the application that were submitted to the review officer under section 34, except the personal references;

                                 (b)    the notice of application;

                                 (c)    a request for hearing, in Form 31.

(3)  The review officer shall not serve the adult who is the subject of an application for a guardianship or trusteeship order if

                                 (a)    the capacity assessor has included an express statement in the capacity assessment report indicating that, in the opinion of the capacity assessor, service of notice of the application on the adult is likely to cause serious physical or emotional harm to the adult, or

                                 (b)    the applicant has, in the application, requested the Court to dispense with service on the adult.

(4)  Subject to subsection (5), the review officer shall send the notice of application and a request for hearing, in Form 31, to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the adult who is the subject of the application whose name and address appears in the application and who resides in Canada:

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application;

                                 (c)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;

                                 (d)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility;

                                 (e)    if the adult who is the subject of the application is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band;

(5)  The review officer shall not send documents to a person referred to in subsection (4) if the applicant has, in the application, requested the Court to dispense with notice to the person.

(6)  If the review officer is of the opinion that it would be in the best interests of the adult who is the subject of the application for any other person to be given notice of the application, the review officer may send the notice of application and a request for hearing, in Form 31, to the person.

(7)  Documents must be served under subsection (2) and sent under subsections (4) and (6) at least 20 days before the date for submitting the request for hearing.

(8)  A person referred to in subsection (4) or (6) may request the review officer to provide a copy of any document submitted by the applicant in support of the application except

                                 (a)    the capacity assessment report, or

                                 (b)    the personal references.

(9)  A request under subsection (8) must be

                                 (a)    in writing, and

                                 (b)    submitted before the date for submitting the request for hearing.

(10)  On receiving a request made by a person in accordance with subsections (8) and (9), the review officer shall provide a copy of the document to the person.

Duty of review officer

36   Where an adult who is the subject of a desk application for a co‑decision‑making, guardianship or trusteeship order is served under section 35(2), a review officer shall make reasonable efforts to

                                 (a)    meet with the adult in person,

                                 (b)    explain to the adult

                                           (i)    the nature and purpose of the application, and

                                          (ii)    that the adult has the right to request a hearing of the application and to attend and make representations at the hearing,

                                     and

                                 (c)    ascertain the views and wishes of the adult respecting the application.

Request for hearing

37(1)  The following persons are entitled to request a hearing:

                                 (a)    the adult who is the subject of the application;

                                 (b)    the review officer;

                                 (c)    any person to whom a notice of application and request for hearing was sent under section 35(4) or (6);

                                 (d)    any interested person.

(2)  The adult who is the subject of an application may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.

(3)  A review officer may request a hearing in the review officer’s report.

(4)  A person referred to in subsection (1)(c) may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.

(5)  An interested person referred to in subsection (1)(d) may request a hearing by completing a request for hearing, in Form 31, and submitting it to the review officer before the review officer files the application with the Court.

Review officer’s report

38(1)  Before filing the application with the Court, the review officer shall complete the review officer’s report in accordance with this section.

(2)  The review officer’s report must be in a form approved by the Minister and include the following:

                                 (a)    a summary of the views and wishes of the adult who is the subject of the application respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the adult’s views and wishes;

                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;

                                 (c)    a statement that

                                           (i)    the documents referred to in section 35(2) were personally served on the adult who is the subject of the application, or

                                          (ii)    if the documents referred to in section 35(2) were not personally served on the adult, sets out the reasons why personal service was not effected;

                                 (d)    a statement identifying the persons to whom the review officer sent a notice of application and a request for hearing under section 35(4) and (6);

                                 (e)    a statement identifying any persons referred to in section 35(4) to whom the review officer did not send a notice of application and a request for hearing;

                                 (f)    a statement indicating whether a document referred to in clause (d) was returned undelivered;

                                 (g)    a statement indicating whether a request for hearing was submitted to the review officer;

                                 (h)    a statement as to whether the review officer is requesting a hearing.

(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.

(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).

(5)  If the review officer’s report indicates that a request for hearing was submitted to the review officer, the request for hearing must be attached to the report.

(6)  The review officer shall send the applicant a copy of the review officer’s report, including any attachments, by ordinary mail.

Filing of application

39(1)  The review officer shall, as soon as practicable after the latest date for submitting the request for hearing set out in a request for hearing that was served or sent in accordance with section 35, file with or submit to the Court

                                 (a)    subject to section 99, the documents submitted to the review officer under section 34(2), (3) or (4),

                                 (b)    the review officer’s report,

                                 (c)    the draft order submitted to the review officer by the applicant, if applicable,

                                 (d)    in the case of an application for a guardianship or trusteeship order, if the applicant did not submit a draft order and the review officer is not requesting a hearing and has not received a request for hearing, a draft order, in Form 18, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer under section 34(3)(a) or (4)(a), and

                                 (e)    the Court filing fee.

(2)  The review officer shall file the application in the judicial centre that the review officer considers appropriate, having regard to the circumstances of the matter.

AR 219/2009 s39;37/2010

Powers of Court

40(1)  If the review officer’s report in respect of an application indicates that no person has submitted a request for hearing to the review officer and that the review officer is not requesting a hearing, the Court may

                                 (a)    consider and determine the application in the absence of the applicant and any other persons in accordance with section 111 of the Act, or

                                 (b)    direct that a hearing be held in respect of the application.

(2)  The Court may consider and determine an application under subsection (1)(a) despite evidence that a person to whom a notice of application and request for hearing was sent under section 35(4) or (6) did not receive the notice of application or request for hearing.

(3)  Subject to subsection (4), if the Court considers and determines the application in the absence of the applicant and any other persons in accordance with section 111 of the Act and makes a co‑decision‑making, guardianship or trusteeship order, the clerk of the Court shall send a copy of the order by ordinary mail to

                                 (a)    the assisted adult or represented adult,

                                 (b)    the applicant,

                                 (c)    the review officer, and

                                 (d)    each person to whom the review officer sent notice of the application.

(4)  The Court may direct that another form of notice of a co‑decision‑making, guardianship or trusteeship order be given to an assisted adult, represented adult or other person referred to in subsection (3) in addition to or in substitution for the notice provided for in subsection (3).

Procedure where hearing required

41(1)  Where a person has requested a hearing in accordance with section 37 or the Court has directed that a hearing be held under section 40(1)(b), the applicant may, after the review officer has filed the application with the Court, proceed with the application by filing a notice of application and hearing, in Form 39, with the Court.

(2)  Unless the Court directs otherwise, the applicant shall, at least 20 days before the hearing date, serve

                                 (a)    on the review officer the notice of application and hearing, and

                                 (b)    on the adult who is the subject of the application, each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee for the adult and any person who submitted a request for hearing

                                           (i)    the notice of application and hearing,

                                          (ii)    the documents submitted by the applicant to the review officer, except any personal references,

                                         (iii)    the review officer’s report, and

                                         (iv)    any other documents on which the applicant intends to rely in support of the application.

(3)  The review officer has no duties or functions in respect of an application that proceeds under this section.

Application by interested person

42(1)  If the applicant referred to in section 41 does not file a notice of application and hearing under section 41 within 3 months after the review officer files the application under section 39, an interested person may, in the same proceeding, start an application for a co‑decision‑making, guardianship or trusteeship order, by filing, subject to subsection (3)(b), the documents referred to in section 43(2), (3) or (4) with the Court.

(2)  Subject to subsection (3), sections 43 to 46 apply with any necessary modifications to an application started under subsection (1).

(3)  An interested person who starts an application under subsection (1)

                                 (a)    is not required to pay a Court filing fee,

                                 (b)    may adopt the capacity assessment report that was filed in support of the application started by the applicant referred to in section 41(1) if

                                           (i)    the capacity assessment report is dated not more than 6 months before the date on which the notice of application and hearing is filed, or

                                          (ii)    the Court otherwise directs that the capacity assessment report may be adopted,

                                     and

                                 (c)    shall serve the notice of application and hearing on the applicant referred to in section 41(1).

Application for Order Started by
Notice of Application and Hearing

Application

43(1)  An interested person may start an application for a co‑decision‑making order under section 13 of the Act, a guardianship order under section 26 of the Act or a trusteeship order under section 46 of the Act by filing with or submitting to the Court the documents referred to in subsection (2), (3) or (4).

(2)  In the case of an application for a co‑decision‑making order under section 13 of the Act, the applicant shall file or submit the following:

                                 (a)    an application, in Form 1;

                                 (b)    the affidavit of the applicant, in Form 2;

                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trustee (Ministerial) Regulation;

                                 (d)    the consent of

                                           (i)    each proposed co‑decision‑maker, in Form 12,

                                                  (A)    to act as co‑decision‑maker, and

                                                  (B)    to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed co‑decision‑maker,

                                             and

                                          (ii)    the proposed assisted adult to the appointment of the proposed co‑decision‑maker, in Form 11;

                                 (e)    a draft co‑decision‑making order in Form 5 to which the proposed assisted adult has consented;

                                 (f)    a notice of application and hearing, in Form 4;

(3)  In the case of an application for a guardianship order under section 26 of the Act, the applicant shall file or submit the following:

                                 (a)    an application, in Form 14;

                                 (b)    the affidavit of the applicant, in Form 15;

                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trustee (Ministerial) Regulation;

                                 (d)    a guardianship plan, in Form 32;

                                 (e)    the consent of each proposed guardian, in Form 24 or 25, and alternate guardian, in Form 26,

                                           (i)    to act as guardian or alternate guardian, and

                                          (ii)    in the case of a proposed guardian or alternate guardian, to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed guardian or alternate guardian;

                                 (f)    a notice of application and hearing, in Form 17;

(4)  In the case of an application for a trusteeship order under section 46 of the Act, the applicant shall file or submit the following:

                                 (a)    an application, in Form 14;

                                 (b)    the affidavit of the applicant, in Form 15;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation;

                                 (d)    a trusteeship plan, in Form 34 or 35;

                                 (e)    either

                                           (i)    an inventory, in Form 37, or

                                          (ii)    the proposed trustee’s undertaking to file an inventory with the Court within 6 months of the effective date of the proposed trustee’s appointment as trustee, unless the Court dispenses with the filing of the inventory;

                                 (f)    the consent of each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29,

                                           (i)    to act as trustee or alternate trustee, and

                                          (ii)    in the case of a proposed trustee or alternate trustee who is an individual, to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check respecting the proposed trustee or alternate trustee;

                                 (g)    a notice of application and hearing, in Form 17.

(5)  The application must be made in a judicial centre that is appropriate in the circumstances, having regard in particular to the location of the adult’s residence.

Service and notice

44(1)  The applicant shall serve the documents filed under section 43 on the adult.

(2)  The applicant shall serve on the review officer

                                 (a)    the documents filed under section 43, and

                                 (b)    2 personal references, in Form 30, for each proposed

                                           (i)    co‑decision‑maker,

                                          (ii)    guardian or alternate guardian, or

                                         (iii)    trustee or alternate trustee who is an individual.

(3)  The applicant shall serve the notice of application and hearing on

                                 (a)    each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application, and

                                 (b)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.

(4)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the adult who is the subject of the application who resides in Canada;

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility, and

                                 (c)    if the adult who is the subject of the application is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the Band Council.

(5)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (4)(a) whose address cannot be ascertained by the use of ordinary diligence.

(6)  Documents must be served under subsections (1) to (3) and sent under subsection (4) at least one month before the hearing date.

(7)  A person referred to in subsection (3) or (4) may request the applicant to provide a copy of any document filed with the Court by the applicant.

(8)  A request under subsection (7) must be in writing.

(9)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (7) and (8), the applicant shall provide the documents to the person making the request at least 5 days before the hearing date.

Duty of review officer

45   Except where the applicant is seeking an order under section 26(5) or 46(4) of the Act dispensing with service on the adult who is the subject of the application, the review officer shall make reasonable efforts to

                                 (a)    meet with the adult in person,

                                 (b)    explain to the adult

                                           (i)    the nature and purpose of the application, and

                                          (ii)    that the adult has the right to attend and make representations at the hearing,

                                     and

                                 (c)    ascertain the views and wishes of the adult respecting the application.

Review officer’s report

46(1)  On receiving a notice of application and hearing under section 44(2), the review officer shall complete the review officer’s report in accordance with this section.

(2)  The review officer’s report must be in a form approved by the Minister and must include the following:

                                 (a)    a summary of the views and wishes of the adult who is the subject of the application respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the adult’s views and wishes;

                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.

(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.

(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).

(5)  The review officer shall

                                 (a)    file the review officer’s report with the Court, and

                                 (b)    provide a copy of the review officer’s report to the applicant at least 2 days before the hearing date.

Review of Co‑decision‑making, Guardianship
or Trusteeship Order

Application by Co‑decision‑maker,
Guardian or Trustee Started
by Desk Application

Application

47(1)  A co‑decision‑maker, guardian or trustee may start an application for a review of a co‑decision‑making order under section 21 of the Act, a review of a guardianship order under section 40 of the Act or a review of a trusteeship order under section 70 of the Act by desk application by submitting the documents referred to in subsection (2), (3) or (4) to a review officer.

(2)  In the case of a desk application for a review of a co‑decision‑making order under section 21 of the Act, the applicant shall submit the following:

                                 (a)    an application, in Form 6;

                                 (b)    the affidavit of the applicant, in Form 7;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if

                                           (i)    the application for a review is made in accordance with a requirement in the co‑decision‑making order, unless the order provides that a capacity assessment is not required,

                                          (ii)    the capacity of the assisted person is in issue in the proceedings,

                                         (iii)    the applicant is requesting the termination of the co‑decision‑making order, or

                                         (iv)    the applicant has reason to believe that there has been a significant change in the capacity of the assisted person;

                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the co‑decision‑making order,

                                           (i)    the consent of

                                                  (A)    each proposed co‑decision‑maker, in Form 12, to act as co‑decision‑maker,

                                                  (B)    each proposed new co‑decision‑maker, in Form 12, to act as a co‑decision‑maker and to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new co‑decision‑maker, and

                                                  (C)    the assisted person, in Form 11, to the appointment of the proposed co‑decision‑maker,

                                          (ii)    2 personal references for each proposed new co‑decision‑maker, if any, in Form 30, and

                                         (iii)    a draft order to which the assisted person has consented.

(3)  In the case of a desk application for a review of a guardianship order under section 40 of the Act, the applicant shall submit the following:

                                 (a)    an application, in Form 19;

                                 (b)    the affidavit of the applicant, in Form 20;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if,

                                           (i)    the application for a review is made in accordance with a requirement in the guardianship order, unless the order provides that a capacity assessment is not required,

                                          (ii)    the capacity of the represented person is in issue in the proceedings,

                                         (iii)    the applicant is requesting the termination of the guardianship order, or

                                         (iv)    the applicant has reason to believe that there has been a significant change in the capacity of the represented person;

                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the guardianship order,

                                           (i)    a guardianship plan, in Form 32,

                                          (ii)    a record of decisions for each guardian, in Form 33,

                                         (iii)    the consent of

                                                  (A)    each proposed guardian, in Form 24 or 25, and alternate guardian, in Form 26, to act as guardian or alternate guardian, and

                                                  (B)    each proposed new guardian, in Form 24, and new alternate guardian, in Form 26, to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new guardian or alternate guardian,

                                             and

                                         (iv)    2 personal references for each proposed new guardian or new alternate guardian, if any, in Form 30.

(4)  In the case of a desk application for a review of a trusteeship order under section 70 of the Act, the applicant shall submit the following:

                                 (a)    an application, in Form 19;

                                 (b)    the affidavit of the applicant, in Form 20;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if,

                                           (i)    the application for a review is made in accordance with a requirement in the trusteeship order, unless the order provides that a capacity assessment is not required,

                                          (ii)    the capacity of the represented person is in issue in the proceedings,

                                         (iii)    the applicant is requesting the termination of the trusteeship order, or

                                         (iv)    the applicant has reason to believe that there has been a significant change in the capacity of the represented person;

                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the trusteeship order,

                                           (i)    a trusteeship plan, in Form 34 or 35,

                                          (ii)    the consent of

                                                  (A)    each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29, to act as trustee or alternate trustee, and

                                                  (B)    each proposed new trustee who is an individual, in Form 27, and each new alternate trustee who is an individual, in Form 29, to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check respecting the proposed new trustee or alternate trustee,

                                         (iii)    2 personal references for each proposed new trustee or alternate trustee who is an individual, if any, in Form 30.

(5)  If the applicant has not submitted all of the documents required under subsection (2), (3) or (4), the review officer shall advise the applicant that the documents are not complete and may return some or all of the documents to the applicant.

(6)  In addition to the documents referred to in subsections (3) and (4), an applicant for a review of a guardianship or trusteeship order may also submit to the review officer a draft order which may be in Form 23.

AR 219/2009 s47;96/2010;178/2011

Service and notice

48(1)  If all of the documents required under section 47(2), (3) or (4) have been submitted to the review officer, the review officer shall

                                 (a)    prepare a notice of application, solely on the basis of the information set out in the application submitted to the review officer under section 47(2), (3) or (4), and

                                 (b)    serve and send the documents in support of the application in accordance with subsections (2) to (7).

(2)  Subject to subsection (3), the review officer shall serve the following documents on the assisted person or represented person:

                                 (a)    all of the documents in respect of the application that were submitted to the review officer under section 47, except the personal references;

                                 (b)    the notice of application;

                                 (c)    a request for hearing, in Form 31.

(3)  The review officer shall not serve the represented person if

                                 (a)    the capacity assessor has included an express statement in the capacity assessment report indicating that, in the opinion of the capacity assessor, service of notice of the application on the represented person would be likely to cause serious physical or emotional harm to the represented person, or

                                 (b)    the applicant has, in the application, requested the Court to dispense with service on the represented person.

(4)  Subject to subsection (5), the review officer shall send a copy of the notice of application and a request for hearing, in Form 31, to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the assisted person or represented person whose name and address appears in the application and who resides in Canada:

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    each co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the assisted person or represented person;

                                 (c)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;

                                 (d)    if the assisted person or represented person resides in a residential facility, the director of the residential facility;

                                 (e)    if the assisted person or represented  person is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.

(5)  The review officer shall not send documents to a person referred to in subsection (4) if the applicant has, in the application, requested the Court to dispense with notice to the person. 

(6)  If the review officer is of the opinion that it would be in the best interests of the assisted person or represented person for any other person to be given notice of the application, the review officer may send the notice of application and a request for hearing, in Form 31, to the person.

(7)  Documents must be served under subsection (2) and sent under subsections (4) and (6) at least 20 days before the date for submitting the request for hearing.

(8)  A person referred to in subsection (4) or (6) may request the review officer to provide a copy of any document submitted by the applicant in support of the application except

                                 (a)    the capacity assessment report, or

                                 (b)    the personal references.

(9)  A request under subsection (8) must be

                                 (a)    in writing, and

                                 (b)    submitted before the date for submitting the request for hearing.

(10)  On receiving a request made by a person in accordance with subsections (8) and (9), the review officer shall provide a copy of the document to the person.

AR 219/2009 s48;96/2010

Duty of review officer

49   Where an assisted person or represented person is served under section 48(2), the review officer shall make reasonable efforts to

                                 (a)    meet with the assisted person or represented person in person,

                                 (b)    explain to the assisted person or represented person

                                           (i)    the nature and purpose of the application, and

                                          (ii)    that the assisted person or represented person has the right to request a hearing of the application and to attend and make representations at the hearing,

                                     and

                                 (c)    ascertain the views and wishes of the assisted person or represented person respecting the application.

Request for hearing

50(1)  The following persons are entitled to request a hearing in respect of an application under section 21, 40, or 70 of the Act:

                                 (a)    the  assisted person or represented person;

                                 (b)    the review officer;

                                 (c)    any person to whom a notice of application and hearing was sent under section 48(4) or (6);

                                 (d)    any interested person.

(2)  The assisted  person or represented person may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.

(3)  A review officer may request a hearing in the review officer’s report.

(4)  A person referred to in subsection (1)(c) may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.

(5)  An interested person referred to in subsection (1)(d) may request a hearing by completing a request for hearing, in Form 31, and submitting it to the review officer before the review officer files the application with the Court.

Review officer’s report

51(1)  Before filing the application with the Court, the review officer shall complete the review officer’s report in accordance with this section.

(2)  The review officer’s report must be in a form approved by the Minister and include the following:

                                 (a)    a summary of the views and wishes of the assisted person or represented person respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the assisted person’s or represented person’s views and wishes;

                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;

                                 (c)    a statement that

                                           (i)    the documents referred to in section 48(2) were personally served on the assisted person or represented person, or

                                          (ii)    if the documents referred to in section 48(2) were not personally served on the assisted person or represented person, sets out the reasons why personal service was not effected;

                                 (d)    a statement identifying the persons to whom the review officer sent a notice of application and a request for hearing under section 48(4) and (6);

                                 (e)    a statement identifying any persons referred to in section 48(4) to whom the review office did not send a notice of the application and a request for hearing;

                                 (f)    a statement indicating whether a document referred to in clause (d) was returned undelivered;

                                 (g)    a statement indicating whether a request for hearing was submitted to the review officer;

                                 (h)    a statement as to whether the review officer is requesting a hearing.

(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.

(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).

(5)  If the review officer’s report indicates that a request for hearing was submitted to the review officer, the request for hearing must be attached to the report.

(6)  The review officer shall send the applicant a copy of the review officer’s report, including any attachments, by ordinary mail.

Filing of application

52   The review officer shall, as soon as practicable after the latest date for submitting the request for hearing set out in a request for hearing that was served or sent in accordance with section 48, file with or submit to the Court

                                 (a)    subject to section 99, the documents submitted to the review officer under section 47(2), (3) or (4),

                                 (b)    the review officer’s report,

                                 (c)    the draft order submitted to the review officer by the applicant, if applicable, and

                                 (d)    in the case of an application for review of a guardianship or trusteeship order, if the applicant did not submit a draft order and if the review officer is not requesting a hearing and has not received a request for hearing, a draft order, in Form 23, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer under section 47(3)(a) or (4)(a).

AR 219/2009 s52;37/2010

Powers of Court

53(1)  If the review officer’s report in respect of an application indicates that no person has submitted a request for hearing to the review officer and that the review officer is not requesting a hearing, the Court may

                                 (a)    consider and determine the application in the absence of the applicant and any other persons in accordance with section 111 of the Act, or

                                 (b)    direct that a hearing be held in respect of the application.

(2)  The Court may consider and determine an application under subsection (1)(a) despite evidence that a person to whom a notice of application and request for hearing was sent under section 48(4) or (6) did not receive the notice of application or request for hearing.

(3)  Subject to subsection (4), if the Court considers and determines the application in the absence of the applicant and any other persons in accordance with section 111 of the Act and makes an order, the clerk of the Court shall send a copy of the order by ordinary mail to

                                 (a)    the assisted person or represented person,

                                 (b)    the applicant,

                                 (c)    the review officer, and

                                 (d)    each person to whom the review officer sent notice of application.

(4)  The Court may direct that another form of notice of an order be given to an assisted person, represented person or other person referred to in subsection (3) in addition to or in substitution for the notice provided for in subsection (3).

Procedure where hearing required

54(1)  Where a person has requested a hearing in accordance with section 50 or the Court has directed that a hearing be held under section 53(1)(b), the applicant may, after the review officer has filed the application with the Court, proceed with the application by filing with the Court a notice of application and hearing, in Form 39.

(2)  Unless the Court directs otherwise, the applicant shall, at least 20 days before the hearing, serve

                                 (a)    on the review officer the notice of application and hearing, and

                                 (b)    on the assisted person or represented person, each proposed co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee and any person who submitted a request for hearing

                                           (i)    the notice of application and hearing,

                                          (ii)    the documents submitted by the applicant to the review officer, except any personal references,

                                         (iii)    the review officer’s report, and

                                         (iv)    any other documents on which the applicant intends to rely in support of the application.

(3)  The review officer has no duties or functions in respect of an application that proceeds under this section.

Application by Co‑decision‑maker,
Guardian or Trustee Started by
Notice of Application and Hearing

Application

55(1)  A co‑decision‑maker, guardian or trustee may start an application for a review of a co‑decision‑making order under section 21 of the Act, a guardianship order under section 40 of the Act or a trusteeship order under section 70 of the Act by filing with or submitting to the Court the documents set out in subsection (2), (3) or (4).

(2)  In the case of an application for a review of a co‑decision‑making order under section 21 of the Act, the applicant shall file or submit the following documents:

                                 (a)    an application, in Form 6;

                                 (b)    the affidavit of the applicant, in Form 7;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if

                                           (i)    the application for a review is made in accordance with a requirement in the co‑decision‑making order, unless the order provides that a capacity assessment report is not required,

                                          (ii)    the capacity of the assisted person is in issue in the proceedings,

                                         (iii)    the applicant is requesting a termination of the co‑decision‑making order, or

                                         (iv)    the applicant has reason to believe there has been a significant change in the capacity of the assisted person;

                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the co‑decision‑making order, the consent of

                                           (i)    each proposed co‑decision‑maker, in Form 12, to act as a co‑decision‑maker;

                                          (ii)    each proposed new co‑decision‑maker, in Form 12, to act as a co‑decision‑maker and to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new co‑decision‑maker;

                                          (ii)    the proposed assisted person to the appointment of the proposed co‑decision‑maker, in Form 11;

                                 (e)    a draft order, in Form 5, to which the assisted person has consented;

                                 (f)    a notice of application and hearing, in Form 9.

(3)  In the case of an application for a review of a guardianship order under section 40 of the Act, the applicant shall file or submit the following documents:

                                 (a)    an application, in Form 19;

                                 (b)    the affidavit of the applicant, in Form 20;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if

                                           (i)    the application for a review is made in accordance with a requirement in the guardianship order unless the order provides that a capacity assessment report is not required,

                                          (ii)    the capacity of the represented person is in issue in the proceedings,

                                         (iii)    the applicant is requesting a termination of the guardianship order, or

                                         (iv)    the applicant has reason to believe there has been a significant change in the capacity of the represented person;

                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the guardianship order,

                                           (i)    a guardianship plan, in Form 32,

                                          (ii)    a record of decisions for each guardian, in Form 33,

                                         (iii)    the consent of

                                                  (A)    each proposed guardian, in Form 24 or 25, and alternate guardian, if any, in Form 26, to act as guardian or alternate guardian, and

                                                  (B)    each proposed new guardian, in Form 24 or 25, and alternate guardian, if any, in Form 26, to act as a guardian or alternate guardian and to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new guardian or alternate guardian;

                                 (e)    a notice of application and hearing, in Form 22.

(4)  In the case of an application for a review of a trusteeship order under section 70 of the Act, the applicant shall file or submit the following documents:

                                 (a)    an application, in Form 19;

                                 (b)    the affidavit of the applicant, in Form 20;

                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if,

                                           (i)    the application for a review is made in accordance with a requirement in the trusteeship order unless the order provides that a capacity assessment report is not required,

                                          (ii)    the capacity of the represented person is in issue in the proceedings,

                                         (iii)    the applicant is requesting a termination of the guardianship order, or

                                         (iv)    the applicant has reason to believe there has been a significant change in the capacity of the represented person;

                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the trusteeship order,

                                           (i)    a trusteeship plan, in Form 34 or 35,

                                          (ii)    the consent of

                                                  (A)    each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29, to act as trustee or alternate trustee, and

                                                  (B)    each proposed new trustee, in Form 27 or 28, and alternate guardian, in Form 29, to act as trustee or alternate trustee and to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check in respect of the proposed new trustee or alternate trustee;

                                 (e)    a notice of application and hearing, in Form 22.

Service and notice

56(1)  The applicant shall serve the documents filed under section 55 on the assisted person or represented person.

(2)  The applicant shall serve on the review officer

                                 (a)    the documents filed under section 55, and

                                 (b)    2 personal references, in Form 30, for each proposed new

                                           (i)    co‑decision‑maker,

                                          (ii)    guardian or alternate guardian, or

                                         (iii)    trustee or alternate trustee who is an individual.

(3)  The applicant shall serve the notice of application and hearing on

                                 (a)    each co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the assisted person or represented person, and

                                 (b)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.

(4)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the assisted person or represented person who resides in Canada:

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister and brother who is 18 years of age or older;

                                 (b)    if the assisted person or represented person resides in a residential facility, the director of the residential facility;

                                 (c)    if the assisted person or represented person is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.

(5)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (4)(a) whose address cannot be ascertained by the use of ordinary diligence.

(6)  Documents must be served under subsection (1) to (3) and sent under subsection (4) at least one month before the hearing date.

(7)  A person referred to in subsection (3) or (4) may request the applicant to provide a copy of any document filed with the Court by the applicant.

(8)  A request under subsection (7) must be in writing.

(9)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (7) and (8) the applicant shall provide the documents to the person making the request at least 5 days before the hearing date.

AR 219/2009 s56;96/2010

Duty of review officer

57   Except where the applicant is seeking an order dispensing with service on the assisted person or represented person, the review officer shall make reasonable efforts to

                                 (a)    meet with the assisted person or represented person in person,

                                 (b)    explain to the assisted person or represented person

                                           (i)    the nature and purpose of the application, and

                                          (ii)    that the assisted person or represented person has the right to attend and make representations at the hearing,

                                     and

                                 (c)    ascertain the views and wishes of the assisted person or represented person respecting the application.

Review officer’s report

58(1)  On receiving a notice of application and hearing under section 56(2), the review officer shall complete the review officer’s report in accordance with this section.

(2)  The review officer’s report must be in a form approved by the Minister and must include the following:

                                 (a)    a summary of the views and wishes of the assisted person or represented person respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the assisted person’s or represented person’s views and wishes;

                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of any proposed new co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.

(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.

(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).

(5)  The review officer shall

                                 (a)    file the review officer’s report with the Court, and

                                 (b)    provide a copy of the review officer’s report to the applicant at least 2 days before the hearing date.

AR 219/2009 s58;96/2010

Application for Review of Co‑decision‑making,
Guardianship or Trusteeship Order
by Other Person

Application

59   A person other than a co‑decision‑maker, guardian or trustee may start an application for a review of a co‑decision‑making order under section 21 of the Act, a guardianship order under section 40 of the Act or a trusteeship order under section 70 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39,

                                 (b)    any other documents the applicant intends to rely on in support of the application, and

                                 (c)    if the capacity of the assisted person or represented person is in issue on the application, a capacity assessment report respecting the assisted person or represented person in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation.

Service and notice

60(1)  The applicant shall serve the documents filed under section 59 on

                                 (a)    the assisted person or represented person,

                                 (b)    each co‑decision‑maker, guardian, trustee, agent or attorney of the assisted person or represented person, and

                                 (c)    if the applicant is requesting the appointment of a new or additional co‑decision‑maker, guardian or trustee, the review officer.

(2)  The applicant shall send the documents filed under section 59 to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the assisted person or represented person who resides in Canada:

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    if the assisted person or represented person resides in a residential facility, the director of the residential facility;

                                 (c)    if the assisted person or represented person is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.

(3)  Documents must be served under subsection (1) or (2) or sent under subsection (2) at least one month before the hearing date.

(4)  The applicant is not required to send documents under subsection (2)(a) to a person whose address cannot be ascertained by the use of ordinary diligence.

Application for Examination and
Approval of Trustee’s Accounts

Financial statements

61   Financial statements submitted or filed on an application for examination and approval of a trustee’s accounts under section 62 or 70 must

                                 (a)    be verified by the affidavit of the trustee, and

                                 (b)    include

                                           (i)    an inventory, in Form 37, to which is attached

                                                  (A)    a current copy of the certificate of title for any land identified in the inventory, and

                                                  (B)    a copy of the most recent statement of account for any bank account or investment account identified in the inventory,

                                          (ii)    a statement of transactions, which may be in Form 36, that contains the information referred to in section 15(1)(b)(i) to (vi) for each transaction that occurred during the period covered by the financial statements, and

                                         (iii)    an overview of trusteeship accounts, in Form 38.

Desk Application

Application

62(1)  A trustee may start a desk application for an examination and approval of the trustee’s accounts under section 63(10) of the Act by submitting the following documents to the review officer:

                                 (a)    an application, in Form 19;

                                 (b)    the affidavit of the applicant, in Form 20;

                                 (c)    the financial statements.

(2)  In addition to the documents referred to in subsection (1), the applicant may submit to the review officer a draft form of order, which may be in Form 23.

(3)  If the applicant has not submitted all of the documents required under subsection (1), the review officer shall advise the applicant that the documents are not complete and may return some or all of the documents that were submitted to the applicant.

Service and notice

63(1)  If the desk application for examination and approval of the trustee’s accounts is being made at the same time as a desk application for a review of the trusteeship order, the review officer shall serve the overview of trusteeship accounts on the represented adult in addition to the documents that are served under section 48(2).

(2)  If the desk application for examination and approval of trustee’s accounts is not being made at the same time as a desk application for a review of the trusteeship order, the review officer shall send the following documents to the represented adult by ordinary mail:

                                 (a)    the application;

                                 (b)    the affidavit of the applicant;

                                 (c)    the overview of trusteeship accounts;

                                 (d)    a notice of application, in Form 21, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer under section 62(1);

                                 (e)    a request for hearing, in Form 31.

(3)  Subject to subsection (4), the review officer shall send the notice of application, the overview of trusteeship accounts and a request for hearing, in Form 31, to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the represented adult who is the subject of the application whose name and address appears in the application and who resides in Canada:

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    any guardian, alternate guardian, trustee, alternate trustee or agent of the represented adult;

                                 (c)    if the application is combined with an application for a review of the trusteeship order, each proposed guardian, alternate guardian, trustee or alternate trustee;

                                 (d)    if the represented adult resides in a residential facility, the director of the residential facility.

(4)  The review officer shall not send documents to a person referred to in subsection (3) if the applicant has, in the application, requested the Court to dispense with notice to the person.

(5)  If the review officer is of the opinion that it would be in the best interests of the represented adult for any other person to be given notice of the application, the review officer may send a notice of application, the overview of trusteeship accounts and a request for hearing to the person.

(6)  Documents must be served under subsection (1) and sent under subsections (2), (3) and (5) at least 20 days before the date for submitting the request for hearing.

AR 219/2009 s63;178/2011

Request for financial statements

64(1)  The represented adult or a person to whom the review officer has sent a notice of the application under section 63 may request the review officer to provide a copy of the financial statements submitted by the applicant in support of the application.

(2)  A request under subsection (1) must be

                                 (a)    in writing, and

                                 (b)    submitted to the review officer before the date for submitting the request for hearing.

(3)  On receiving a request made by a person in accordance with subsections (1) and (2), the review officer shall provide a copy of the financial statements to the person.

Request for hearing

65(1)  The following persons are entitled to request a hearing in respect of an application referred to in section 62(1):

                                 (a)    the represented adult;

                                 (b)    any person to whom a notice of application was sent under section 63;

                                 (c)    any interested person.

(2)  The represented adult may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.

(3)  A person referred to in subsection (1)(b) may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.

(4)  An interested person referred to in subsection (1)(c) may request a hearing by completing a request for hearing, in Form 31, and submitting it to the review officer before the review officer files the application with the Court.

Review officer’s report

66(1)  Before filing the application with the Court, the review officer shall complete the review officer’s report in accordance with this section.

(2)  If the desk application for examination and approval of the trustee’s accounts is combined with a desk application for a review of the trusteeship order, the review officer’s report shall, in addition to the information required by section 51(2), include the following:

                                 (a)    information relating to the serving and sending of the overview of trusteeship accounts, and

                                 (b)    a statement that the review officer has not reviewed the financial statements.

(3)  If the desk application for examination and approval of the trustee’s accounts is not combined with a desk application for review of the trusteeship order the review officer shall complete the review officer’s report in accordance with subsections (4) to (6).

(4)  The review officer’s report must be in a form approved by the Minister and include the following:

                                 (a)    a statement that the documents referred to in section 63(2) were sent to the represented adult by ordinary mail;

                                 (b)    a statement identifying the persons to whom the review officer sent the notice of application, the overview of trusteeship accounts and a request for hearing under section 63(3) and (5);

                                 (c)    a statement identifying any persons referred to in section 63(3) to whom the review officer did not send the notice of application, the overview of trusteeship accounts and a request for hearing;

                                 (d)    a statement indicating whether a document referred to in clause (a) or (b) was returned undelivered;

                                 (e)    a statement indicating whether a request for hearing was submitted to the review officer;

                                 (f)    a statement that the review officer has not reviewed the financial statements.

(5)  If the review officer’s report indicates that a request for hearing was submitted to the review officer, the request for hearing must be attached to the report.

(6)  The review officer shall not

                                 (a)    review the financial statements, or

                                 (b)    comment on the substance of the financial statements in the review officer’s report.

(7)  The review officer shall send the applicant a copy of the review officer’s report, including any attachments, by ordinary mail.

Filing of application

67(1)  Where the desk application for examination and approval of the trustee’s accounts is combined with a desk application for a review of the trusteeship order, the review officer shall file the financial statements with the Court at the same time the review officer files or submits the documents referred to in section 52.

(2)  Where the desk application for examination and approval of  the trustee’s accounts is not combined with a desk application for review of the trusteeship order, the review officer shall, as soon as practicable after the latest date for submitting the request for hearing set out in a request for hearing that was served or sent in accordance with section 63, file with or submit to the Court

                                 (a)    the documents submitted to the review officer under section 62,

                                 (b)    the review officer’s report,

                                 (c)    the draft order that was submitted to the review officer by the applicant, if any, and

                                 (d)    if the applicant did not submit a draft order and the review officer has not received a request for hearing, a draft order, in Form 23, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer.

Powers of Court

68(1)  If the review officer’s report in respect of a desk application for examination and approval of a trustee’s accounts indicates that no person has submitted a request for hearing to the review officer, the Court may

                                 (a)    consider and determine the application in the absence of the applicant and any other persons in accordance with section 111 of the Act, or

                                 (b)    direct that a hearing be held in respect of the application.

(2)  The Court may consider and determine an application under subsection (1)(a) despite evidence that a person to whom a notice of application, overview of trusteeship accounts and request for hearing was sent under section 63 did not receive the notice of application, overview of trusteeship accounts or request for hearing.

(3)  Subject to subsection (4), if the Court considers and determines the application in the absence of the applicant and any other persons in accordance with section 111 of the Act and makes an order, the clerk of the Court shall send a copy of the order by ordinary mail to

                                 (a)    the represented adult,

                                 (b)    the applicant,

                                 (c)    the review officer, and

                                 (d)    each person to whom the review officer sent notice of the application.

(4)  The Court may direct that another form of notice of an order be given to a represented adult or other person referred to in subsection (3) in addition to or in substitution for the notice provided for in subsection (3).

Procedure where hearing required

69(1)  Where a person has requested a hearing in accordance with section 65 or the Court has directed a hearing to be held under section 68, the applicant may, after the review officer has filed the application with the Court, proceed with the application by filing a notice of application and hearing, in Form 39.

(2)  Unless the Court directs otherwise, the applicant shall, at least 20 days before the hearing date,

                                 (a)    serve on the review officer the notice of application and hearing, and

                                 (b)    serve on the represented adult and on any person who submitted a request for hearing

                                           (i)    the notice of application and hearing,

                                          (ii)    the documents submitted to the review officer under section 62, and

                                         (iii)    any other documents on which the applicant intends to rely in support of the application.

(3)  The review officer has no duties or functions in respect of a hearing that proceeds under this section.

AR 219/2009 s69;37/2010

Application Started by Notice of application and hearing

Application

70   A trustee may start an application for examination and approval of the trustee’s accounts under section 63(10) of the Act by filing the following documents with the Court:

                                 (a)    an application, in Form 19;

                                 (b)    the affidavit of the applicant, in Form 20;

                                 (c)    the financial statements;

                                 (d)    a notice of application and hearing, in Form 22.

Service and notice

71(1)  The applicant shall serve the documents referred to in section 70(a), (b) and (d) and the overview of trusteeship accounts on the represented adult.

(2)  The applicant shall serve the notice of application and hearing and the overview of trusteeship accounts on

                                 (a)    each guardian, alternate guardian, trustee or alternate trustee or agent of the represented adult, and

                                 (b)    if the application for examination and approval of the trustee’s accounts is combined with an application for a review of the trusteeship order, each proposed guardian, alternate guardian, trustee or alternate trustee.

(3)  The applicant shall send the notice of application and hearing and the overview of trusteeship accounts to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the represented adult who resides in Canada:

                                           (i)    spouse or adult interdependent partner;

                                          (ii)    parent;

                                         (iii)    child who is 18 years of age or older;

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    if the represented adult resides in a residential facility, the director of the residential facility.

(4)  The applicant is not required to send documents to a person referred to in subsection (3)(a) whose address cannot be ascertained by the use of ordinary diligence.

(5)  Documents must be served under subsections (1) and (2) and sent under subsection (3) at least one month before the hearing date.

Request for documents

72(1)  A person referred to in section 71(1), (2) or (3) may request the applicant to provide a copy of any document that was filed with the Court by the applicant and that was not served on or sent to the person under section 71(1), (2) or (3).

(2)  A request under subsection (1) must be in writing.

(3)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (1) and (2), the applicant shall provide the document to the person 5 days before the hearing date.

AR 219/2009 s72;96/2010

Appointment of Public Trustee to assist

73(1)  When considering an application for examination and approval of a trustee’s accounts, the Court may, with the consent of the Public Trustee, appoint the Public Trustee

                                 (a)    to examine any entry or entries in the financial statements and provide a report to the Court, or

                                 (b)    to retain a chartered accountant, certified general accountant, or certified management accountant to examine any entry or entries in the financial statements and provide a report to the Court.

(2)  In an appointment under subsection (1), the Court

                                 (a)    shall specify the nature, scope, and extent of the examination, and

                                 (b)    may give any direction the Court considers appropriate.

(3)  Fees and disbursements of the Public Trustee or an accountant retained by the Public Trustee in carrying out duties under subsection (1) are payable directly out of the property of the represented adult unless otherwise ordered by the Court.

(4)  A trustee and any other person having knowledge or possession of records relating to the trusteeship shall

                                 (a)    make all relevant records available to the Public Trustee and an accountant retained by the Public Trustee, and

                                 (b)    co‑operate fully with the Public Trustee and an accountant retained by the Public Trustee.

(5)  After completing the examination referred to in subsection (1), the Public Trustee or accountant shall file a written report with the Court and send a copy of the report by ordinary mail to the trustee and to any other person directed by the Court.

Division 2
Other Court Applications

Opinion, advice or direction of Court

74(1)  An assisted adult, co‑decision‑maker, guardian or trustee may start an application for the opinion, advice or direction of the Court under section 20, 39 or 68 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the assisted adult, co‑decision‑maker, guardian or trustee intends to rely on in support of the application.

(2)  The applicant shall serve the  documents referred to in subsection (1) on

                                 (a)    the assisted adult or represented adult,

                                 (b)    any co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the assisted adult or represented adult, and

                                 (c)    any other person who is likely to be directly affected by the order.

AR 219/2009 s74;96/2010

Urgent guardianship or trusteeship order

75(1)  Except as otherwise directed or approved by the Court, an interested person may start an application for an order under section 27 or 48 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the interested person intends to rely on in support of the application.

(2)  Except as otherwise directed or approved by the Court, the applicant shall serve the documents referred to in subsection (1) at least 2 days before the hearing date on

                                 (a)    the adult who is the subject of the application, and

                                 (b)    any supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult.

Order respecting appointment of Public Guardian or
Public Trustee

76(1)  The Public Guardian or the Public Trustee may start an application for an order under section 29(2) or 50(2) of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents that the Public Guardian or Public Trustee intends to rely on in support of the application.

(2)  The applicant shall

                                 (a)    serve the documents referred to in subsection (1) on

                                           (i)    the represented adult, and

                                          (ii)    any guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the represented adult,

                                     and

                                 (b)    send the documents referred to in subsection (1) by ordinary mail to

                                           (i)    each of the following relatives of the represented adult who resides in Canada:

                                                  (A)    spouse or adult interdependent partner;

                                                  (B)    parent;

                                                  (C)    child who is 18 years of age or older;

                                                  (D)    sister or brother who is 18 years of age or older;

                                          (ii)    if the represented adult resides in a residential facility, the director of the residential facility, and

                                         (iii)    if the represented adult is a member of an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.

Order to give effect to guardian’s decision

77(1)  A guardian may start an application for an order under section 38 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the guardian intends to rely on in support of the application.

(2)  The applicant shall serve the documents referred to in subsection (1) at least 5 days before the hearing date on

                                 (a)    the represented adult,

                                 (b)    any guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult, and

                                 (c)    any other person who is likely to be directly affected by the order.

Approval of amendment of trusteeship plan

78(1)  A trustee may start an application for an order under section 54(2) of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the trustee intends to rely on in support of the application.

(2)  The applicant shall serve the documents referred to in subsection (1) on

                                 (a)    the represented adult,

                                 (b)    any guardian or agent of the represented adult, and

                                 (c)    any other person who is likely to be directly affected by the order.

Order directing trustee to submit accounts

79(1)  A represented adult or any other person may start an application for an order under section 63(3), (6) or (8) of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the represented adult or other person intends to rely on in support of the application.

(2)  If the application is for an order under

                                 (a)    section 63(3) of the Act, the applicant shall serve the documents referred to in subsection (1) on

                                           (i)    the trustee, and

                                          (ii)    the represented adult;

                                 (b)    section 63(6) of the Act the applicant shall serve the documents referred to in subsection (1) on the trustee; 

                                 (c)    section 63(8) of the Act the applicant shall serve the documents referred to in subsection (1) on

                                           (i)    the represented adult, and

                                          (ii)    the personal representative, attorney or trustee of the deceased or incapacitated trustee.

AR 219/2009 s79;96/2010;178/2011

Order authorizing sale of property that is
the subject of a bequest

80(1)  A trustee or affected person may start an application for an order under section 67 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the trustee or affected person intends to rely on in support of the application.

(2)  The applicant shall serve the documents referred to in subsection (1) on

                                 (a)    the represented adult,

                                 (b)    any guardian, trustee or agent of the represented adult, and

                                 (c)    any other person who is likely to be directly affected by the order.

AR 219/2009 s80;96/2010

Determination that adult lacks capacity without
appointment of trustee

81(1)  The Indian Act (Canada) is prescribed for the purposes of section 71 of the Act.

(2)  An application under section 71 of the Act may be made only in respect of an adult to whom section 51(1) of the Indian Act (Canada) would apply if the adult were determined to lack capacity in relation to financial matters.

(3)  The following persons may make an application under section 71 of the Act:

                                 (a)    a person who is concerned for the welfare of an adult referred to in subsection (2);

                                 (b)    a person acting under the authority of the federal Minister responsible for the Indian Act (Canada);

                                 (c)    the Public Trustee.

(4)  An applicant may start an application for an order under section 71 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39,

                                 (b)    a capacity assessment report, and

                                 (c)    any other documents the applicant intends to rely on in support of the application.

(5)  The applicant shall serve

                                 (a)    the documents referred to in subsection (4) on

                                           (i)    the adult who is the subject of the application, and

                                          (ii)    the federal Minister responsible for the Indian Act (Canada), and

                                 (b)    the notice of application and hearing on each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application.

(6)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the adult who is the subject of the application who resides in Canada:

                                           (i)    spouse or adult interdependent partner,

                                          (ii)    parent,

                                         (iii)    child who is 18 years of age or older,

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility;

                                 (c)    the Chief of the council of the band.

(7)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (6)(a) whose address cannot be ascertained by the use of ordinary diligence.

(8)  Documents must be served under subsection (4) and sent under subsection (5) at least one month before the hearing date.

(9)  A person referred to in subsection (5)(b) or (6) may request the applicant to provide a copy of any document filed with the Court by the applicant.

(10)  A request under subsection (9) must be in writing.

(11)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (9) and (10), the applicant shall provide the document to the person making the request at least 5 days before the hearing date.

AR 219/2009 s81;96/2010

Resealing of foreign orders

82(1)  A person may start an application for an order under section 73 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the person intends to rely on in support of the application.

(2)  The applicant shall serve the documents filed under subsection (1) on

                                 (a)    the adult who is the subject of the application,

                                 (b)    the review officer,

                                 (c)    each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application, and

                                 (d)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.

(3)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:

                                 (a)    each of the following relatives of the adult who is the subject of the application who resides in Canada:

                                           (i)    spouse or adult interdependent partner,

                                          (ii)    parent,

                                         (iii)    child who is 18 years of age or older,

                                         (iv)    sister or brother who is 18 years of age or older;

                                 (b)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility;

                                 (c)    if the adult who is the subject of the application is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.

(4)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (3)(a) whose address cannot be ascertained by the use of ordinary diligence.

(5)  Documents must be served under subsection (2) and sent under subsection (3) at least 20 days before the hearing date

(6)  A person referred to in subsection (3) may request the applicant to provide copy of any document filed with the Court by the applicant.

(7)  A request under subsection (6) must be in writing.

(8)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (6) and (7), the applicant shall provide the document to the person making the request at least 5 days before the hearing date.

AR 219/2009 s82;178/2011

Temporary protection order

83(1)  The Public Guardian may start an application under section 74 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, and

                                 (b)    any other documents the Public Guardian intends to rely on in support of the application.

(2)  Unless the application is made ex parte or the Court makes an order dispensing with service on the person, the applicant shall serve the documents referred to in subsection (1) on the following persons at least 2 days before the hearing date:

                                 (a)    the adult who is the subject of the application;

                                 (b)    any guardian, trustee, agent or attorney of the adult;

                                 (c)    any other person who is likely to be directly affected by the order.

(3)  Repealed AR 178/2011.

AR 219/2009 s83;178/2011

Order to aid investigation

84(1)  An investigator may make application under section 76(6) of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents that the investigator intends to rely on in support of the application.

(2)  An application under subsection (1) must be made

                                 (a)    on 2 days’ notice to the person in charge of the premises, or

                                 (b)    on notice to another person as directed or approved by the Court.

Review respecting specific decision making

85(1)  A person referred to in section 97(1) of the Act may make an application under that section by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents the person intends to rely on in support of the application.

(2)  The applicant shall serve the documents referred to in subsection (1) at least 7 days before the hearing date on the following persons:

                                 (a)    the adult, for whom a specific decision maker may be or has been selected;

                                 (b)    if a specific decision maker has been selected, the specific decision maker;

                                 (c)    the

                                           (i)    nearest relative of the adult other than the specific decision maker or applicant, or

                                          (ii)    the Public Guardian if there is no nearest relative referred to in subclause (i);

                                 (d)    the Public Guardian if the specific decision maker was authorized by the Public Guardian to be the specific decision maker.

Access to financial information

86(1)  A capacity assessor may make an application under section 103(3) of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39, and

                                 (b)    any other documents that the capacity assessor intends to rely on in support of the application.

(2)  The applicant shall serve the documents referred to in subsection (1) at least one month before the hearing date on the following persons:

                                 (a)    the adult whose capacity is being assessed,

                                 (b)    any supporter, co‑decision‑maker, guardian, trustee, agent or attorney of the adult whose capacity is being assessed, and

                                 (c)    any other person who is likely to be directly affected by the order, including, without limitation,

                                           (i)    the person holding the financial information, and

                                          (ii)    any person with an interest in property to which the information relates.

Order directing capacity assessment

87(1)  The Court may make an order under section 104 of the Act

                                 (a)    on its own motion, or

                                 (b)    on the application of

                                           (i)    the applicant in the proceeding, or

                                          (ii)    a person who is required under this Part to be served with or sent the notice of the application by which the proceeding was started.

(2)  A person referred to in subsection (1)(b) may apply for an order under section 104 of the Act by filing with the Court

                                 (a)    a notice of application and hearing, in Form 39,

                                 (b)    an affidavit of the applicant setting out the reasons why the applicant believes it would be in the best interests of the adult who is the subject of the proceeding for the Court to make the order including the reasons why the applicant believes

                                           (i)    the adult may not have capacity, and

                                          (ii)    the adult is at risk of suffering serious harm or financial loss if the order is not made, and

                                 (c)    any other documents that the applicant intends to rely on in support of the application.

(3)  An applicant shall serve the documents referred to in subsection (2) on

                                 (a)    the adult who is the subject of the application, and

                                 (b)    any other persons as the court may direct or approve.

Appeal to Court of Appeal

Notice of appeal

88   A person appealing an order under the Act to the Court of Appeal shall serve the notice of appeal on

                                 (a)    the adult who is the subject of the order,

                                 (b)    any supporter, co‑decision‑maker, guardian or trustee for the adult who is the subject of the order,

                                 (c)    any attorney under an enduring power of attorney given by the adult who is the subject of the order,

                                 (d)    if the adult who is the subject of the order has made a personal directive, the agent, if any, designated in the personal directive,

                                 (e)    if the adult who is the subject of the order resides in a residential facility, the director of the residential facility, and

                                 (f)    any other persons a judge of the Court of Appeal may direct,

within the time prescribed by the Alberta Rules of Court for service of a notice of appeal in an appeal to the Court of Appeal.

Division 3
General

Withdrawal of consent

89   The form for a withdrawal of the consent of an assisted person to a co‑decision‑making order is set out in Form 13.

Applicant’s duty to obtain information

90   An applicant shall make reasonable efforts to obtain any information that is to be provided in an application to the Court under this Part.

Date of capacity assessment report

91   Unless an application contains a request for the Court to accept a capacity assessment report that was conducted earlier, a capacity assessment report submitted in respect of an application under this Part must be dated not more than 6 months before the date the application is started.

General provisions regarding service

92(1)  If a time is not specified for serving or sending a document under this Part, the document must be served or sent 10 days before the hearing date for the application in respect of which the document is served or sent.

(2)  An affidavit of service may be in Form 40.

Service in respect of person who has not attained age of majority

93   If the person who is the subject of an application for a co‑decision‑making, guardianship or trusteeship order or a review of any of those orders has not attained the age of majority, the documents that are required to be served on the person must also be served on the following:

                                 (a)    any person who is a guardian or trustee for the person under the Family Law Act, the Child, Youth and Family Enhancement Act or the Minors’ Property Act;

                                 (b)    an agent under the Personal Directives Act who has been given authority as agent for the temporary care and education of the person.

Service on review officer

94   Where a document is to be served on a review officer under this Regulation, service may be effected by

                                 (a)    sending the document by recorded mail to the address designated by the Minister for the purposes of this section,

                                 (b)    leaving the document at an office designated by the Minister for the purposes of this section, or

                                 (c)    another method approved by the Minister.

Duplicate service not required

95   Nothing in this Regulation requires

                                 (a)    an applicant, a review officer or other person to

                                           (i)    serve a document on a person on whom the document has been served in another capacity, or

                                          (ii)    send a document to a person on whom the document has been served or to whom the document has been sent in another capacity;

                                 (b)    a review officer or other person to serve on or send to an applicant a document originated by the applicant.

Service or sending of orders

96   Except as otherwise specifically provided in this Regulation or as otherwise directed or approved by the Court, the applicant for an order under the Act shall

                                 (a)    serve any order granted on the application on

                                           (i)    the adult who is the subject of the application, and

                                          (ii)    any other person who was served with notice of the application,

                                     and

                                 (b)    send any order granted on the application to any person who was sent notice of the application in the same manner as the notice was sent.

AR 219/2009 s96;37/2010

Validity of forms and documents

97   A prescribed form or a document prepared in place of a prescribed form is not invalidated nor is there any contravention of this Regulation if there is a deviation from or an addition to or omission from the form or document that

                                 (a)    does not adversely affect the substance of the information required to be provided or that the Court requires to be provided, and

                                 (b)    is not intended to mislead.

Additional consents

98   Notwithstanding any other provision of this Regulation, a review officer may require a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee to sign any form of consent or authorization that is reasonably required to enable the review officer or a person acting on behalf of the review officer to obtain a credit report or criminal records check required under this Part.

Protection of sensitive information

99(1)  If a review officer is of the opinion that a personal reference, credit report or criminal records check contains information that should be brought to the attention of the Court, the review officer shall include a statement to that effect in the review officer’s report and ask the Court for directions.

(2)  Where a review officer requests directions under subsection (1), the review officer shall recommend that the Court consider making an order under section 113(2)(c) of the Act in the event that the Court directs the review officer to file the personal references, credit report or criminal records check with the Court.

(3)  Except as may be directed by the Court under this section, the review officer shall not file with the Court a personal reference, credit report or criminal records check in respect of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee that was provided to or obtained by the review officer.

Costs paid by Crown

100(1)   The Court of Queen’s Bench or the Court of Appeal may order the costs of an application made under the Act to be paid by the Crown in right of Alberta only if

                                 (a)    the application specifically indicates that costs against the Crown will be sought, and

                                 (b)    the Court is satisfied that it would be a hardship to order the costs to be paid by the person making the application, the person in respect of whom the application is made or the estate of the person in respect of whom the application is made.

(2)  An order for costs of an application under the Act paid by the Crown in right of Alberta must not exceed the following amounts:

                                 (a)    $425 plus reasonable disbursements for

                                           (i)    an application for an order appointing a co-decision-maker, guardian or trustee in respect of which a hearing is not held, or

                                          (ii)    an application for a review of an order referred to in subclause (i), in respect of which a hearing is not held;

                                 (b)    for an application other than an application referred to in clause (a), $500 plus reasonable disbursements.

Powers of Court

101(1)  In any matter not provided for in the Act or this Regulation, the Court may follow the Alberta Rules of Court and the procedures of the Court of Queen’s Bench.

(2)   Subject to the Act and subsection (3) the Court may, on any application made under the Act,

                                 (a)    shorten the time for service of any document on any person,

                                 (b)    direct the manner of service, or approve the manner of service, of any document on any person,

                                 (c)    dispense with service on or the sending of any document to any person other than a review officer,

                                 (d)    direct that any document be served on or sent to any person,

                                 (e)    dispense with the filing of any document that is required to be filed by this Regulation, or

                                 (f)    require or permit the filing of any document in addition to or in substitution for any document or documents required to be filed by this Regulation.


(3)  On an application for a review of a guardianship or trusteeship order, the Court may dispense with service on the represented person only if the Court is satisfied that notification of the application would be harmful to the represented person.

AR 219/2009 s101;178/2011

Part 3
Expiry and Coming into Force

Expiry

102   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2019.

Coming into force

103   This Regulation comes into force on the coming into force of the Adult Guardianship and Trusteeship Act.

Schedule 1

1   The compensation that is payable to a trustee or trustees under section 66(2) of the Act for a period is determined by the following formula:

A+B = C

where

                                 A      is 2.5% of the money received by the trustee or trustees on behalf of the represented adult during the period;

                                  B     is 2.5% of the payments made by the trustee or trustees on behalf of the represented adult during the period;

                                 C      is the compensation payable to the trustee or trustees.

2(1)  The amount determined in accordance with item 1 is the total compensation payable to the trustee or trustees.

(2)  If there is more than one trustee, the amount determined under item 1 shall be divided among the trustees

                                 (a)    equally,

                                 (b)    as agreed by the trustees, or

                                 (c)    as determined by the Court.


Schedule 2

Form 1

Application for Appointment of
Co‑decision‑maker

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Application

Applicant Name

 

 

APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)

 

 

 

Law Firm Name

Responsible Lawyer’s Name

Lawyer’s File Number

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

 

City

Province

Postal Code

Fax

 

 

 

E-mail

 

1   Information About the Application and Applicant

1.1   This is an application to appoint a co‑decision‑maker for

 

Name of Adult

 

1.2   Are you proposing that your application proceed as a desk application or by hearing?

Desk

You submit the application documents to a review officer. The review officer will serve or send notice of the application to everyone who is required to be served or notified and will file the application documents with the Court. A court hearing before a judge will be required only if someone requests a hearing or a judge directs a hearing.

Hearing

You begin by filing the application documents with the clerk of the Court and setting a date for a hearing before a judge. You must then serve or send notice of the application and hearing to the adult, the review officer, and various other persons. You will then need to complete and file affidavits of service and attend the hearing, either in person or by legal counsel.

 

1.3   Are you applying on your own behalf to appoint a co‑decision‑maker for yourself?

Yes

Please skip Question 1.4.

No

 

1.4   What is your relationship to the adult? I am the adult’s:

 

Parent

Spouse

Adult interdependent partner

Child

Brother/Sister

Other (describe):

 

 

1.5   Provide your usual address and contact information, if different than your address for service

Same as Address for Service

OR

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

 

City

Province

Postal Code

Fax

 

 

 

E-mail

 

2   Information About the Adult

2.1   What is the adult’s name, date of birth and marital status?

 

 

 

 

Last Name

First Name

Middle Name

Other (maiden / nickname)

 

 

 

Marital Status

Single

Married

Adult  Interdependent Partnership

Separated

Divorced

Widowed

YYYY

MM

DD

Date of Birth

 

2.2   What is the adult’s permanent address?

 

 

 

Name of Residential Facility (if any)

Street Address

Suite

 

 

 

 

City

Province

Postal Code

Telephone No.

 

2.3   What is the adult’s present address, if different from permanent address?

Same address

 

 

 

Name of Residential Facility (if any)

Street Address

Suite

 

 

 

 

City

Province

Postal Code

Telephone No.

3   Information About Current Decision‑making Arrangements for the Adult

3.1   Does the adult already have a supporter under a supported decision‑making authorization or a co‑decision‑maker, guardian, or trustee?

 

No

Review Date

 

Supporter

YYYY

MM

DD

 

Co‑decision‑maker

 

 

 

 

Guardian

 

 

 

Trustee

 

 

 

 

3.2   Provide the following information for each current supporter, co‑decision‑maker, guardian, alternate guardian, trustee, or alternate trustee:

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Person is a:

Supporter

Guardian

Trustee

 

Co‑decision‑maker

Alternate Guardian

Alternate Trustee

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Person is a:

Supporter

Guardian

Trustee

 

Co‑decision‑maker

Alternate Guardian

Alternate Trustee

 

3.3   Has the adult signed an enduring power of attorney? If yes, provide the following information for each attorney:

Yes

No

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

 

 

3.4   Does the adult have a personal directive?

Yes

No

 

If yes, has an agent been named under the personal directive?

Yes

No

 

If yes, provide the following information for the agent.

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Areas of agent’s authority that may impact the application

 

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Areas of agent’s authority that may impact the application

 

4   Information About Family Members and Other Interested Persons

4.1   Provide the following information for each living family member of the adult who fits into any of the following categories and lives in Canada:

● Spouse

● Parents

● Children 18 years of age or older

● Adult interdependent partner

● Brothers and sisters 18 years of age or older

 

 

 

Last Name

First Name

Family Relationship to Adult

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box / Station)

 

 

 

 

City

Province

Postal Code

 

 

 

Last Name

First Name

Family Relationship to Adult

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box / Station)

 

 

 

 

City

Province

Postal Code

4.2   If the adult is an Indian who is a member of a band and is ordinarily resident on a reserve, provide the following information:

Name of Band

 

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

City

Province

Postal Code

Fax

 

 

E‑mail

4.3   If there are any other interested persons who are 18 years age or older who you think should be given notice of this application, please provide their contact information and their relationship to the adult.

 

 

 

Last Name

First Name

Relationship to Adult

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box / Station)

 

 

 

 

City

Province

Postal Code

5   Information about Proposed Co‑decision‑maker(s)

5.1   Provide the following information for each proposed co‑decision‑maker:

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

 

6.1   For which of the following personal matters are you proposing that the adult be required to make decisions with a co‑decision‑maker? [Check all that are applicable]

 

the adult’s health care

where, with whom and under what conditions the adult is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult’s participation in social activities

the adult’s participation in any educational, vocational or other training

the adult’s employment

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult

any other personal matter the Court considers necessary, specifically:

 

 

6.2   If you are proposing the appointment of two or more decision-makers, indicate whether you are requesting the Court to authorize the co‑decision‑makers to act jointly, separately, or successively.

  Jointly

  Separately (describe below):

  Successively (describe below):

 

 

 

6.3   Are you requesting the Court to specify in the co‑decision‑making order that a contract respecting a personal matter is voidable unless it is in writing and signed by the adult and the co‑decision‑maker?

  Yes

  No

 

6.4   Does the capacity assessment report indicate that the adult’s capacity to make decisions in personal matters is likely to improve?

Yes

No

If yes, you must propose a review date below. If no, you may propose  a review date or request the Court not to require a review within a certain period.*

I propose* that the Court require the order to be reviewed within

 

years.

I propose* that the Court  not require the order to be reviewed within a certain period.

* Your affidavit must state why you believe your proposal regarding review of the order is in the best interest of the adult.

7   Other Documents Submitted with Application

7.1   Along with this application form, I am submitting the following application documents to be filed with the clerk of the Court (check all that apply):

Affidavit of applicant

Capacity assessment report dated *

Consent of adult to appointment of co‑decision‑maker

Consent to act of each proposed co‑decision‑maker

Notice of Application and Hearing (if not proposing that application proceed as desk application)

*The capacity assessment report must be dated not more than 6 months before you start the application unless you are specifically requesting the Court to accept an older report. (You may make a request by completing 9.2 below.)

 

7.2   I am submitting or will submit the following documents to a review officer. I understand these documents will not be filed with the Court unless the Court subsequently directs the review officer to do so:

2 personal references for each co‑decision‑maker

8   Request to Dispense with Service or Notice

8.1   Are you requesting the Court to dispense with the requirement to give notice of this application to a person (other than the adult) to whom notice must otherwise be given?

No

 

Yes

Give the following information for each person for whom you are asking the Court to dispense with notice. Your affidavit must state why you are requesting the Court to dispense with the requirement to give notice to the person.

Name of Person

Person’s Relationship to Adult

 

 

NOTE:   On a desk application the review officer will NOT send notice of the application to a person to whom you request the Court to dispense with notice. If you make such a request but the Court decides not to dispense with notice, a decision on your application will be delayed until the person is notified and given an opportunity to respond.

9   Costs and Other Matters

9.1   How or by whom do you request all or part of the costs (i.e. legal fees, if applicable, and disbursements) of the application to be paid?

I am asking the Court to order that my lawyer’s fees for this application

in the amount of

$

 

in an amount to be assessed

 

plus reasonable disbursements, be paid by or from the property of the adult.

I am asking the Court to order that the reasonable disbursements only be paid by or from the property of the adult.

I am asking the Court to order that the costs be paid by the Crown and have provided supporting information in my affidavit.

I am not asking the Court to make an order regarding costs. I will pay the costs myself.

Other:

 

 

9.2   Are you requesting the Court to give any direction, approval or dispensation not already described in this application?

 

No

 

Yes

Describe the requested direction, approval or dispensation.

 

AR 219/2009 Sched. 2 Form 1;164/2010

Form 2

Affidavit of Applicant
Application to Appoint Co‑decision‑maker

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Affidavit of Applicant

 

The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.

 

I,

 

of

 

,

 

Name

 

Address

having personal knowledge of the facts and matters referred to in this affidavit except where stated to be based on information and belief, swear or affirm as follows:

1   I make this affidavit in support of my application to appoint a co‑decision‑maker for  < name of adult > who is referred to in this affidavit as “the adult”.

2   I have personally completed or carefully read the application form and all other forms and documents set out in item 7 of the application form, and to the best of my knowledge the information in them is accurate and complete.

3   I believe the adult’s capacity to make decisions about the personal matters for which I am requesting the Court to appoint a co‑decision‑making order is significantly impaired, but that the adult would have the capacity to make such decisions if provided with appropriate guidance and support. This belief is based on my review of the capacity assessment report.

4   The following alternative measures that are less intrusive and less restrictive than co‑decision‑making have been implemented and have not been effective in meeting the adult’s needs for the following reason(s):

<describe alternative measures, including a supported decision-making authorization, that have been implemented and indicate why they were not effective to meet the adult’s needs, indicating the source of your information. Omit this paragraph if alternative measures have not been implemented: see note following paragraph 5.>

5   The following alternative measures that are less intrusive and less restrictive than co‑decision‑making have been considered and are not likely to be effective to meet the needs of the adult for the following reasons:

<describe alternative measures that have been considered and indicate why they are unlikely to be effective to meet the adult’s needs, indicating the source of your information. Omit this paragraph if alternative measures have not been considered.>

 

Note: To make a co‑decision‑making order the court must be satisfied either that alternative measures have been implemented and have not been effective or have been considered and are unlikely to be effective.>

6   In addition to information set out elsewhere in this affidavit, I have the following reasons for believing it would be in the adult’s best interests for the Court to make the co‑decision‑making order requested in my application:

<describe any additional information you have for concluding it would be in the best interests of the adult for the Court to make the co‑decision‑making order you are requesting, indicating the source of the information. You should consider the matters set out in section 13(5) of the Act. If you have no additional information, say “None”.>

7   I believe that each proposed co‑decision‑maker will act in the best interests of the adult and is suitable as a co‑decision‑maker for the adult. This belief is based on the following information:

<provide any information you have that will assist the Court in deciding whether the proposed co‑decision‑maker will act in the adult’s best interests and be a suitable guardian for the adult. You should consider the matters set out in section 14(1) of the Act, because they must be considered by the Court.>

8   I believe that my proposal with respect to periodic review of the co‑decision‑making order by the Court, as set out in item 6.3 of the application form is in the best interests of the adult for the following reasons:

<indicate why you believe your proposal regarding periodic review of the order is in the adult’s best interests.

 

NOTE: Include the following paragraph only if you are requesting the Court to dispense with the requirement to send notice of the application to a particular person. If you are requesting the Court to dispense with notice to two or more persons, include a separate paragraph for each person.

9   I am requesting the Court to dispense with the requirement to send notice of the application to <name of person > for the following reason:

<state the facts that support your request for the Court to dispense with notice to the person >

 

NOTE: The remaining paragraphs should only be completed if you are requesting that the Crown in right of Alberta pay the costs of the application.

10   To the best of my information and belief, the adult’s financial resources and obligations are as follows:

Estimated monthly income from all sources

$

Estimated value of cash and liquid assets, including bank accounts, GICs, investments and all assets that can readily be converted into cash

$

Estimated value of real estate and personal property not mentioned above

$

Estimated total debts

$

11   It would be a hardship for me, as applicant, to pay the costs of this application personally.

12   It would be a hardship for the adult to pay the costs of this application or for the costs of the application to be paid out of the adult’s property.

Sworn or affirmed before me at

 

)

 

Alberta, on

 

)

 

 

)

 

A Commissioner for Oaths in the Province of Alberta

)

SIGNATURE

 

)

 

PRINT NAME AND EXPIRY/LAWYER/ STUDENT‑AT‑LAW

)

NAME

Form 3

Notice of Application —
Appointment of Co‑decision‑maker

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Notice of Application

Applicant

 

 

1   An application has been started by

 

to appoint one or

more persons as co‑decision‑maker for

 

(“adult”) on the

grounds that the adult’s capacity to make decisions about personal matters is significantly impaired, and the  adult would have the capacity to make decisions if provided with appropriate guidance and support.

 

2   The application requests the Court to appoint the following person(s) co‑decision‑maker for the adult:

 

Name of Proposed Co‑decision‑maker

Relationship to Adult

 

 

 

 

 

 

 

 

 

 

3   The application requests that the Court make a co‑decision‑making order that would require the adult to make decisions regarding the following matters with a co‑decision‑maker:

the adult’s health care

where, with whom and under what conditions the adult is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult’s participation in social activities

the adult’s participation in any educational, vocational or other training

the adult’s employment

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult

any other personal matter the Court considers necessary, specifically:

 

 

 

 

 

4   The adult has consented to the Court making the co‑decision‑making order.

 

5   The Court may consider the application and grant an order without holding a hearing unless an interested person requests a hearing in accordance with the regulations.

 

6   You have received a Request for Hearing form along with this notice. You may request the Court to hold a hearing regarding the application by completing the Request for Hearing and

submitting it to a review officer on or before this date:

 

 

 

 

7   The following documents have been submitted in support of this application:

Application form

Consent to act

Affidavit of applicant

Capacity assessment report

Consent of proposed assisted adult

 

 

 

To make enquiries about the application, you may contact the review officer by telephone at

 

The review officer’s file number is

 

 

 

Phone Number

 

File Number

 

AR 219/2009 Sched. 2 Form 3;96/2010;178/2011

Form 4

Notice of Application and Hearing
Appointment of Co‑decision‑maker

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Notice of Application and Hearing

Applicant

 

 

1   An application has been started by

 

to appoint one or

more persons as co‑decision‑maker for

 

(“adult”) on the

grounds that the adult’s capacity to make decisions about personal matters is significantly impaired, and the  adult would have the capacity to make decisions if provided with appropriate guidance and support.

 

2   The application will be heard by a judge of the Court of Queen’s Bench of Alberta as follows:

Date:

 

 

Time:

 

 

Place:

 

 

3   The application requests the Court to appoint the following person(s) co‑decision‑maker for the adult:

    Name of Proposed Co‑decision‑maker

Relationship to Adult

 

 

 

 

 

 

 

 

 

4   The application requests that the Court make a co‑decision‑making order that would require the adult to make decisions regarding the following matters with a co‑decision‑maker:

the adult’s health care

where, with whom and under what conditions the adult is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult’s participation in social activities

the adult’s participation in any educational, vocational or other training

the adult’s employment

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult

any other personal matter the Court considers necessary, specifically:

 

 

 

 

 

5   The adult has consented to the Court making the co‑decision‑making order.

6   You may obtain any or all of the following documents filed in support of the application by requesting them from the applicant as soon as possible after you receive this notice.

Application form

Consent to act as co‑decision‑maker

Affidavit of applicant

Capacity assessment report

Consent of proposed assisted adult

 

7   If you consent to or do not oppose the application, you may:

●  Do nothing further; or

●  Attend at the hearing and indicate your position to the court.

If you oppose any part of the application, you should come to the hearing and tell the judge what part of the application you are opposed to, and why you are opposed. If you do not attend either in person or by your lawyer before the Court at the time and place shown above, the Court may give the applicant(s) what they want in your absence.

 

APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)

 

 

 

Law Firm Name

Responsible Lawyer’s Name

Lawyer’s File Number

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

 

City

Province

Postal Code

Fax

 

 

 

E-mail

 

AR 219/2009 Sched. 2 Form 4;178/2011

Form 5

Order
Appointment of Co‑decision‑maker

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Order

Applicant

 

APPLICANT’S ADDRESS
FOR SERVICE AND
CONTACT INFORMATION:____________________________

Date on which Order was granted:                                                                                     

Location at which Order was granted:                                                                                

 

Name of judge who granted this Order:     The Honourable Justice                                   

 

Include only those provisions that are appropriate to the application presented to the Court. Standard provisions should be modified as appropriate to the context.

The Court:

      ●   has reviewed the consent of the adult and other written material filed in this application;

      ●   has considered the application in the absence of the applicant and any other person, being satisfied that

            ●   no person entitled to do so has requested a hearing in accordance with the regulations, and

              it is unnecessary to hold a hearing,

      ●   has determined that

            ●   the adult [choose one]

                    is 18 years of age or older;

                    will attain the age of 18 within 12 months of the date of the application;

            ●   the conditions for appointment of a co‑decision‑maker are satisfied, namely,

                  ●   the adult’s capacity to make decisions about the personal matters referred to in this order is significantly impaired;

                  ●   the adult would have the capacity to make decisions about the personal matters referred to in this order if provided with appropriate guidance and support;

                  ●   less intrusive and less restrictive alternative measures than a co‑decision‑making order, including a supported decision-making authorization, have been considered or have been implemented and would not likely be or have not been effective to meet the needs of the adult;

                  ●   it is in the adult’s best interests for a co‑decision‑maker to be appointed.

And the Court Orders:

1   Appointment of Co‑decision‑maker

[Include in all cases]

1.1

<Name of co‑decision‑makers(s)>

is (are) appointed 

co‑decision‑makers of  

< Name of adult >

[Include in all cases]

1.2   The adult is required to make decisions with respect to the following personal matters with the co‑decision‑maker:

the adult’s health care;

where, with whom and under what conditions the adult is to live, either permanently or temporarily;

with whom the adult may associate;

the adult’s participation in social activities;

the adult’s participation in any educational, vocational or other training;

the adult’s employment;

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult;

the following personal matter(s) of the adult that the Court considers necessary, namely:

 

[Include only if requested in application]

1.3   A contract made by the adult after the date of this order with respect to the above personal matters is voidable unless it is in writing and signed by the adult and the co‑decision‑maker.

[Include only if requested in application]

1.4   The co‑decision‑makers must act jointly with respect to the following personal matters of the adult:

 

<specified matters>

[Include only if requested in application]

1.5   The co‑decision‑makers must act successively in the following manner

 

with respect to the following personal matters of the adult:

 

<specified matters>

[Include in all cases]

1.6   This order is subject to the following conditions, limits, or requirements:

 

< reserved for conditions, limits or requirements considered appropriate by Court >

 

 

[Include if the adult is subject to a guardianship order that is to be terminated]

1.7   The guardianship order dated

<date of order>

is terminated.

[Include in all cases]

1.8   <Name(s) of co‑decision‑maker(s)>     must apply for a review of this co‑decision‑making order

 

within

 

years of the date of this order, OR

 

as circumstances require (no fixed date).

AND in any event

 

● if there has been a significant change in the needs, circumstances or capacity of the adult that the co‑decision‑maker considers would make a variation or termination of the order in the adult’s best interests, OR

● if there has been a change in circumstances that affects the co‑decision‑maker’s ability to exercise the authority or carry out the duties and responsibilities of a co‑decision‑maker or suitability to be a co‑decision‑maker for the adult.

2   Costs of Application

2.1   The following order is made regarding costs (legal fees and disbursements) of this application:

Legal fees for this application [choose one]

 

in the amount of

$

 

to be assessed

plus reasonable disbursements shall be paid by

<person or source  to pay costs>

Reasonable disbursements only shall be paid by

<person or source to pay disbursements>

No order is made regarding payment of legal fees or disbursements.

3   Other Matters

3.1   All requirements of the Act and regulations regarding service or sending of notice of this application are deemed to have been satisfied including requirements as to:

 

● the persons to be notified of this application;

● the documents to be served or sent to such persons;

● the manner of and time for serving or sending documents

Notice of this application to the following person is dispensed with:

 

NAME

RELATIONSHIP

 

 

 

 

 

 

 

3.2   The following direction is given regarding service of this order:

 

Except as otherwise provided below, a copy of this order must be sent by ordinary mail to the adult, the review officer, and every other person who was notified of this application.

 

A copy of this order must be served on

 

 

by the following method of service:

 

 

[Include if application is made in respect of a person who has not attained the age of majority as provided for by section 11(1) of the Act]

3.3   In accordance with section 11(2)(b) of the Act, this order does not take effect until the person in respect of whom it is made attains the age of majority.

 

 

Justice of the Court of Queen’s Bench of Alberta

 

CONSENTED TO BY:

________________________                   ______________________________

Signature of adult                                                   Signature of witness                          

________________________                   ______________________________

Date signed                                                              Print full name of witness                

AR 219/2009 Sched. 2 Form 5;164/2010;178/2011

Form 6

Application
Review of Co‑decision‑making Order

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Application

Applicant

 

 

APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)

 

 

 

Law Firm Name

Responsible Lawyer’s Name

Lawyer’s File Number

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

 

City

Province

Postal Code

Fax

 

 

 

E-mail

 

1   Information About the Application

1.1   This application is for review of a co‑decision‑making order granted on

 

and most recently reviewed (if ever) on

 

 

 

 

Date of Prior Review (if any)

 

 

1.2   Are you proposing that your application proceed as a desk application or by hearing?

 

Desk

You submit the application documents to a review officer. The review officer will serve or send notice of the application to everyone who is required to be served or notified and will file the application documents with the Court. A court hearing before a judge will be required only if someone requests a hearing or a judge directs a hearing.

Hearing

You begin by filing the application documents with the clerk of the Court and setting a date for a hearing before a judge. You must then serve or send notice of the application and hearing to the adult, the review officer, and various other persons. You will then need to complete and file affidavits of service and attend the hearing, either in person or by legal counsel.

 

2.1   What is the adult’s name, date of birth and marital status?

 

 

 

 

Last Name

First Name

Middle Name

Other (maiden / nickname)

 

 

 

Marital Status

Single

Married

Adult  Interdependent Partnership

Separated

Divorced

Widowed

YYYY

MM

DD

Date of Birth

 

2.2   What is the adult’s permanent address?

 

 

 

Name of Residential Facility (if any)

Street Address

Suite

 

 

 

 

City

Province

Postal Code

Telephone No.

 

2.3   What is the adult’s present address, if different from permanent address?

Same address

 

 

 

Name of Residential Facility (if any)

Street Address

Suite

 

 

 

 

City

Province

Postal Code

Telephone No.

3   Information About Co‑decision‑makers and Agents

3.1   Provide the following information for each person who is CURRENTLY a co‑decision‑maker of the adult or who is PROPOSED for any of these positions. Indicate both the current and proposed position, if any, for each person.

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Who is

currently a co‑decision‑maker  and / or

 

proposed as a co‑decision‑maker

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Who is

currently a co‑decision‑maker  and / or

 

proposed as a co‑decision‑maker

 

 

3.4   Does the adult have a personal directive?

Yes

No

 

If yes, has an agent been named under the personal directive?

Yes

No

 

If yes, provide the following information for the agent

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Areas of agent’s authority that may impact the application

 

 

 

 

Last Name

First Name

Telephone Number

 

 

 

 

Street Address

City

Province

Postal Code

Areas of agent’s authority that may impact the application

 

4   Information About Family Members and Other Interested Persons

4.1   Provide the following information for each living family member of the adult who fits into any of the following categories and lives in Canada:

● Spouse

● Parents

● Children 18 years of age or older

● Adult interdependent partner

● Brothers and sisters 18 years of age or older

 

 

 

Last Name

First Name

Family Relationship to Adult

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box / Station)

 

 

 

 

City

Province

Postal Code

 

 

 

Last Name

First Name

Family Relationship to Adult

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box / Station)

 

 

 

 

City

Province

Postal Code

 

4.2   If the adult is an Indian who is a member of a band and is ordinarily resident on a reserve, provide the following information:

 

Name of First Nation Band

 

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

City

Province

Postal Code

Fax

 

 

E‑mail

 

4.3   If there are any other interested persons 18 years of age or older who you think should be given notice of this application, please provide their contact information and their relationship to the adult.

 

 

 

 

Last Name

First Name

Relationship to Adult

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box / Station)

 

 

 

 

City

Province

Postal Code

5   Information About Order Requested on Review

5.1   What are you requesting the Court to do (check all that apply)?

Continue the co‑decision‑making order

 

as is without any amendment (except for the required review date, if any)

 

with amendments as requested

Terminate the co‑decision‑making order

Replace the co‑decision‑making order*

Discharge the following person(s) as co‑decision‑maker

 

 

 

5.2   Unless you are requesting the Court to terminate the co‑decision‑making order, indicate the personal matters for which the co‑decision‑maker CURRENTLY must make decisions with a co‑decision‑maker and the personal matters for which you are PROPOSING the adult be required to make decisions with a co‑decision‑maker?    [Check all that are applicable]

Now

Proposed

 

the adult’s health care

where, with whom and under what conditions the adult is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult’s participation in social activities

the adult’s participation in any educational, vocational or other training

the adult’s employment

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult

any other personal matter the Court considers necessary, specifically:

 

 

 

5.3   If you are proposing the appointment of two or more decision-makers, indicate whether you are requesting the Court to authorize the co‑decision‑makers to act jointly, separately, or successively.

  Jointly

  Separately (describe below):

  Successively (describe below):

 

 

 

5.4   Are you requesting the Court to specify in the co‑decision‑making order that a contract respecting a personal matter is voidable unless it is in writing and signed by the adult and the co‑decision‑maker?

  Yes

  No

 

5 .5   Does the capacity assessment report indicate that the adult’s capacity to make decisions in personal matters is likely to improve?

Yes

No

If yes, you must propose a review date below. If no, you may propose  a review date or request the Court not to require a review within a certain period.*

I propose* that the Court require the co‑decision‑making order to be reviewed within

 

years.

I propose* that the Court not require the order to be reviewed within a certain period.

 

 

Your affidavit must state why you believe your proposal is in the best interest of the adult.

6   Other Documents Submitted with Application

6.1   Along with this application form, I am submitting the following application documents to be filed with the clerk of the Court (check all that apply):

Affidavit of applicant

Consent of proposed assisted adult

Capacity assessment report dated *

Consent to act of each proposed co‑decision‑maker

Notice of application and hearing (if not proposing that application proceed as desk application)

* The capacity assessment report must be dated within 6 months of when you start the application unless you are specifically requesting the Court to accept an older report. (You may make a request by completing 8.2 below.)

 

6.2   I am submitting or will submit the following documents to a review officer for each proposed co‑decision‑maker who is not already a co‑decision‑maker. I understand these documents will not be filed with the Court unless the Court subsequently directs the review officer to do so:

2 personal references for each co‑decision‑maker

7   Request to Dispense with Notice

7.1   Are you requesting the Court to dispense with the requirement to give notice of this application to a person (other than the adult) to whom notice must otherwise be given?

No

 

Yes

Give the following information for each person for whom you are asking the Court to dispense with notice. Your affidavit must state why you are requesting the Court to dispense with the requirement to give notice to the person.

Name of Person

Person’s Relationship to Adult

 

 

 

 

 

NOTE:   On a desk application the review officer will NOT send notice of the application to a person to whom you request the Court to dispense with notice. If you make such a request but the Court decides not to dispense with notice, a decision on your application will be delayed until the person is notified and given an opportunity to respond.

8   Costs and Other Matters 

8.1   How or by whom do you request all or part of the costs (i.e. legal fees, if applicable, and disbursements) of the application to be paid?

I am asking the Court to order that my lawyer’s fees for this application

in the amount of

$

 

in an amount to be assessed

 

plus reasonable disbursements, be paid by or from the property of the adult.

I am asking the Court to order that the reasonable disbursements only be paid by or from the property of the adult.

I am asking the Court to order that the costs be paid by the Crown and have provided supporting information in my affidavit.

I am not asking the Court to make an order regarding costs. I will pay the costs myself.

Other:

 

 

8.2   Are you requesting the Court to give any authority, direction, approval or dispensation not already described in this application?

 

No

 

Yes

Describe the requested authority, direction, approval or dispensation.

 

 

 

 

Applicant’s Signature or Signature of Lawyer on behalf of Applicant

Date

AR 219/2009 Sched. 2 Form 6;164/2010;178/2011

Form 7

Affidavit of Applicant
Review of Co‑decision‑making Order

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Affidavit of Applicant

 

The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.

 

I,

 

of

 

,

 

Name

 

Address

having personal knowledge of the facts and matters referred to in this affidavit except where stated to be based on information and belief, swear or affirm as follows:

1   I am a co‑decision‑maker for <name of assisted adult> (the “adult”).

2   I make this affidavit in support of an application for review of the co‑decision‑making order.

3   I have personally completed or carefully read the application form and all other forms and documents submitted in support of my application, as set out in item 6 of the application form, and to the best of my knowledge the information in them is accurate and complete.

4   I believe the adult’s capacity to make decisions about the personal matters for which I am requesting the Court to continue the co‑decision‑making order is significantly impaired, but that the adult would have the capacity to make such decisions if provided with appropriate guidance and support. This belief is based on my review of the capacity assessment report.

5   I believe that less intrusive and less restrictive alternative measures than a co‑decision‑making order would not be effective in meeting the adult’s needs, for the following reasons:

<describe alternate measures, including a supported decision-making authorization, that have been implemented or considered and indicate why they have not been effective in meeting the adult’s needs or are unlikely to be effective to meet the adult’s needs. Indicate the source of your information and belief.>

6   In addition to information set out elsewhere in this affidavit, I have the following reasons for believing it would be in the adult’s best interests for the Court to continue the co‑decision‑making order with the amendments, if any, requested in my application:

<describe any additional information you have for concluding it would be in the best interests of the adult for the Court to continue the co‑decision‑making order, indicating the source of your information and belief. You should consider the matters set out in section 13(5) of the Act. If you have no additional information, say “None”.>

7   I believe that each proposed co‑decision‑maker will act in the best interests of the adult and is suitable as a co‑decision‑maker for the adult. This belief is based on the following information:

<provide any information you have that will assist the Court in deciding whether the proposed co‑decision‑maker will act in the adult’s best interests and be a suitable guardian for the adult. You should consider the matters set out in section 14(1) of the Act, because they must be considered by the Court.>

8   I believe that my proposal with respect to periodic review of the co‑decision‑making order by the Court, as set out in item 5.5 of the application form, is in the best interests of the adult for the following reasons:

<indicate why you believe your proposal regarding periodic review of the order is in the adult’s best interests.

 

NOTE: Include the following paragraph only if you are requesting the Court to dispense with the requirement to send notice of the application to a particular person. If you are requesting the Court to dispense with notice to two or more persons, include a separate paragraph for each person.

9   I am requesting the Court to dispense with the requirement to send notice of the application to <name of person > for the following reason:

<state the facts that support your request for the Court to dispense with notice to the person >.

 

The remaining paragraphs should only be completed if you are requesting that the Crown in right of Alberta pay the costs of the application.

10   To the best of my information and belief, the adult’s financial resources and obligations are as follows:

Estimated monthly income from all sources

$

Estimated value of cash and liquid assets, including bank accounts, GICs, investments and all assets that can readily be converted into cash

$

Estimated value of real estate and personal property not mentioned above

$

Estimated total debts

$

11   It would be a hardship for me, as applicant, to pay the costs of this application personally.

12   It would be a hardship for the adult to pay the costs of this application or for the costs of the application to be paid out of the adult’s property.

Sworn or affirmed before me at

 

)

 

Alberta, on

 

)

 

 

)

 

A Commissioner for Oaths in the Province of Alberta

)

SIGNATURE

 

)

 

PRINT NAME AND EXPIRY/LAWYER/ STUDENT‑AT‑LAW

)

NAME

Form 8

Notice of Application
Review of Co‑decision‑making Order

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Notice of Application

Applicant

 

 

1   An application has been started by the applicant for review of a co‑decision‑making order for the adult.

 

2   The application requests the Court to appoint or continue the appointment of  the following person(s) as a co‑decision‑maker for the adult:

 

Name of Proposed Co‑decision‑maker

Relationship to Adult

 

 

 

 

 

 

 

 

 

 

3   The application requests the Court to do the following on reviewing the co‑decision‑making order:

Continue the co‑decision‑making order

 

as is without any amendment (except for the required review date, if any)

 

with amendments as requested

Replace the current co‑decision‑making order with a new co‑decision‑making order

Terminate the co‑decision‑making order

Discharge the following person(s) as co‑decision‑maker

 

 

4   The following are the personal matters for which the adult CURRENTLY must make decisions with a co‑decision‑maker and the personal matters for which the applicant is PROPOSING the adult be required to make decisions with a co‑decision‑maker after the order is reviewed:

Now

Proposed

 

the adult’s health care

where, with whom and under what conditions the adult is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult’s participation in social activities

the adult’s participation in any educational, vocational or other training

the adult’s employment

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult

any other personal matter the Court considers necessary, specifically:

 

 

 

5   The Court may consider the application and grant an order without holding a hearing unless an interested person requests a hearing in accordance with the regulations.

 

6   You have received a Request for Hearing form along with this notice. You may request the Court to hold a hearing regarding the application by completing the Request for Hearing and

returning it to a review officer on or before this date:

 

 

 

 

7   The following documents have been submitted in support of this application:

Application form

Consent to act as co‑decision‑maker

Affidavit of applicant

Capacity assessment report

Consent of adult

 

 

 

To make enquiries about the application, you may contact the review officer by telephone at

 

 

The review officer’s file number is

 

 

 

Phone Number

 

File Number

 

AR 219/2009 Sched. 2 Form 8;178/2011

Form 9

Notice of Application and Hearing
Review of Co‑decision‑making Order

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Notice of Application and Hearing

Applicant

 

 

1   An application has been started by the applicant for review of a co‑decision‑making order for the adult.

 

2   The application will be heard by a judge of the Court of Queen’s Bench of Alberta as follows:

Date:

 

 

Time:

 

 

Place:

 

 

 

 

3   The application requests the Court to appoint or continue the appointment of  the following person(s) co‑decision‑maker for the adult:

 

Name of Proposed Co‑decision‑maker

Relationship to Adult

 

 

 

 

 

 

 

 

 

 

4   The application requests the Court to do the following on reviewing the co‑decision‑making order:

Continue the co‑decision‑making order

 

as is without any amendment (except for the required review date, if any)

 

with amendments as requested

Replace the current co‑decision‑making order with a new co‑decision‑making order

Terminate the co‑decision‑making order

Discharge the following person(s) as co‑decision‑maker

 

 

5   The following are the personal matters for which the adult CURRENTLY must make decisions with a co‑decision‑maker and the personal matters for which the applicant is PROPOSING the adult be required to make decisions with a co‑decision‑maker after the order is reviewed.

Now

Proposed

 

the adult’s health care

where, with whom and under what conditions the adult is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult’s participation in social activities

the adult’s participation in any educational, vocational or other training

the adult’s employment

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult

any other personal matter the Court considers necessary, specifically:

 

 

 

6   You may obtain any or all of the following documents filed in support of the application by requesting them from the applicant as soon as possible after you receive this notice:

Application form

Consent to act of co‑decision‑maker

Affidavit of applicant

Capacity assessment report

Consent of proposed assisted adult

 

 

7   If you consent to or do not oppose the application, you may:

●  Do nothing further, or

●  Attend at the hearing and indicate your position to the court.

If you oppose any part of the application, you should come to the hearing and tell the judge what part of the application you are opposed to, and why you are opposed. If you do not attend either in person or by your lawyer before the Court at the time and place shown above, the Court may give the applicant(s) what they want in your absence.

 

APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)

 

 

 

Law Firm Name

Responsible Lawyer’s Name

Lawyer’s File Number

 

 

 

Street Address

Suite

Other Address Information (e.g. P.O. Box)

 

 

 

Phone

 

City

Province

Postal Code

Fax

 

 

 

E-mail

 

AR 219/2009 Sched. 2 Form 9;178/2011

Form 10

Order
Review of Co‑decision‑making Order

 

Court File Number

 

Court

Court of Queen’s Bench of Alberta (Surrogate Matter)

Judicial Centre

 

Full name of the person whom the application is about (“the adult”)

 

Document

Order

Name of Applicant(s)

 

 

APPLICANT’S ADDRESS
FOR SERVICE AND
CONTACT INFORMATION:__________________________

Date on which Order was granted:                                                                                     

Location at which Order was granted:                                                                                

Name of judge who granted this Order:     The Honourable Justice                                   

 

Include only those provisions that are appropriate to the application presented to the Court. Standard provisions should be modified as appropriate to the context.

The Court:

    ●   has reviewed the consent of the adult and other written material filed in this application;

    ●   has considered the application in the absence of the applicant and any other person, being satisfied that

          ●   no person entitled to do so has requested a hearing in accordance with the regulations, and

          ●   it is unnecessary to hold a hearing;

  ● has determined that

          ●   the adult’s capacity to make decisions about the personal matters referred to in this order is significantly impaired;

          ●   the adult would have the capacity to make decisions about the personal matters referred to in this order if provided with appropriate guidance and support;

            less intrusive and less restrictive alternative measures than a co‑decision‑making order, including a supported decision-making authorization, have been considered or have been implemented and would not likely be or have not been effective to meet the needs of the adult;

          ●   it is in the adult’s best interests for a co‑decision‑maker to be appointed;

          ●   alternative for review of co‑decision‑making order that is to be terminated: the adult’s capacity to make decisions about all the matters in respect of which the co‑decision‑making order was made is no longer significantly impaired;

And the Court Orders:

[Include in all cases]

1.1

<Name of co‑decision‑makers(s)>

is (are) appointed 

co‑decision‑makers of  

< Name of adult >

[Include in all cases unless application requests termination of co‑decision‑maker order]

2   The adult is required to make decisions with respect to the following personal matters with the co‑decision‑maker:

the adult’s health care;

where, with whom and under what conditions the adult is to live, either permanently or temporarily;

with whom the adult may associate;

the adult’s participation in social activities;

the adult’s participation in any educational, vocational or other training;

the adult’s employment;

the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult;