Adult Guardianship and Trusteeship Regulation
This regulation sets detailed rules for capacity assessments, guardianship and trusteeship procedures, registry handling, court applications, and related duties for health care providers, trustees, the Minister, the Public Guardian, and others.
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This regulation sets detailed rules for capacity assessments, guardianship and trusteeship procedures, registry handling, court applications, and related duties for health care providers, trustees, the Minister, the Public Guardian, and others. The review officer must prepare, serve, and send notice and related documents in adult guardianship/trusteeship procedures, and certain people may request a hearing. This segment sets out who must receive papers, when documents must be served, and what the review officer, applicant, court, and Public Trustee may or must do in trustee accounts and related hearing procedures. The applicant must propose a review date if the capacity report says the adult’s capacity is likely to improve; otherwise the applicant may propose a review date or ask the Court not to require one. If consent to a co-decision-making order is withdrawn, the order ends and the clerk of the Court must send a filed copy of the withdrawal to the Public Guardian.
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Provisions of Adult Guardianship and Trusteeship Regulation
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AI-assisted research summary: This regulation sets detailed rules for capacity assessments, guardianship and trusteeship procedures, registry handling, court applications, and related duties for health care providers, trustees, the Minister, the Public Guardian, and others.
(Consolidated up to 36/2026) 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 Rights related to assessment 19 Conduct of assessment 20 Specific information re health care decisions 20.1 Specific information re residential facilities 20.2 Assessment 20.3 Form 21 Duty to provide information re health care, admissions and discharges 21.1 Duty to provide information re specific financial decision 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, Trustee or Other Person 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 by Other Person Started by Notice of Application and Hearing 59 Application 60 Service and notice 60.1 Duty of review officer 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 85.1 Review specific financial decisions 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 3 Coming into Force 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 a profession that is regulated by the Health Professions Act ; (c) “residential facility” means (i) a continuing care home as defined in the Continuing Care Act , (ii) a supportive living accommodation as defined in the Continuing Care Act , (iii) an approved hospital under the Provincial Health Agencies Act , and (iv) a premises, other than a private residence, in which an adult is provided with living accommodation, care and supervision by a person who (A) is not related to the adult, and (B) is accredited by an accreditation body designated by the Minister. (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;22/2024;199/2025; 36/2026 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 physician who is a regulated member of the College of Physicians and Surgeons of Alberta; (b) a nurse practitioner who is a regulated member of the College of Registered Nurses of Alberta; (c) subject to subsection (2), a dentist who is a regulated member of the College of Dental Surgeons of Alberta. (2) The designation of a dentist who is a regulated member of the College of Dental Surgeons of Alberta is only applicable with respect to health care decisions. (2.1) The following members of health professions are designated for the purposes of the definition of “health care provider” in section 1(s) of the Act in respect of Part 3, Division 1.1 of the Act: (a) a physician who is a regulated member of the College of Physicians and Surgeons of Alberta; (b) a nurse practitioner who is a regulated member of the College of Registered Nurses of Alberta. (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 physician who is a regulated member of the College of Physicians and Surgeons of Alberta; (b) a nurse practitioner who is a regulated member of the College of Registered Nurses of Alberta; (c) a registered nurse who is a regulated member of the College of Registered Nurses of Alberta. AR 219/2009 s2;36/2026 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 may refuse to undergo or to continue with a capacity assessment; (c) subject to subsection (4), an adult may have a person present to assist the adult in feeling comfortable and relaxed when undergoing a capacity assessment; (d) an adult may 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 the adult’s 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 required to leave by the capacity assessor if the person does not comply with a direction under clause (a). AR 219/2009 s3;36/2026 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 the capacity assessor 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 the adult’s 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 or 100.5(2) of the Act. AR 219/2009 s4;37/2010;36/2026 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) physicians under the Health Professions Act ; (b) psychologists under the Health Professions Act ; (c) registered nurses under the Health Professions Act ; (d) registered psychiatric nurses under the Health Professions Act ; (e) occupational therapists under the Health Professions Act ; (f) social workers under the Health Professions Act . AR 219/2009 s6;36/2026 Designation of capacity assessors 7 (1) The following persons are designated as capacity assessors: (a) a physician who is a regulated member of the College of Physicians and Surgeons of Alberta; (b) a psychologist who is a regulated member of the College of Alberta Psychologists. (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 AR 219/2009 s7;36/2026 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) Repealed AR 36/2026 s8. AR 219/2009 s9;36/2026 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) Under section 60(2) of the Act, a gift shall not be made to the trustee of the represented adult out of that adult’s property 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. AR 219/2009 s14;36/2026 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 $500 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. AR 219/2009 s15;83/2020 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 responsible for the Public Trustee Act , 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;216/2022;9/2023 Specific Decisions Rights related to assessment 18 (1) Subsections (2) and (3) apply to (a) an assessment, under section 87 of the Act, of an adult’s capacity to make a decision about the adult’s health care or the adult’s temporary admission to or discharge from a residential facility, and (b) an assessment, under section 100.2 of the Act, of an adult’s capacity to make a decision about financial matters. (2) An adult may (a) refuse to undergo or continue with an assessment, (b) subject to subsection (3), have a person present to assist the adult in feeling comfortable and relaxed during an assessment, and (c) subject to subsection (3), have a person present or use a device to assist the adult to communicate for the adult to be able to fully demonstrate the adult’s capacity during an assessment. (3) If, in the opinion of the health care provider who is assessing an adult’s capacity, a person referred to in subsection (2)(b) or (c) is interfering with the assessment, the health care provider may require the person to leave the room where the assessment is being conducted. AR 219/2009 s18;36/2026 Conduct of assessment 19 (1) Subsection (2) applies to (a) an assessment, under section 87 of the Act, of an adult’s capacity to make a decision about the adult’s health care or the adult’s temporary admission to or discharge from a residential facility, and (b) an assessment, under section 100.2 of the Act, of an adult’s capacity to make a decision about financial matters. (2) A health care provider who is assessing an adult’s capacity (a) shall meet with the adult in person, and (b) unless the level of consciousness of the adult is non‑responsive, shall (i) communicate with the adult in a manner that is appropriate to the adult’s skills and abilities, (ii) explain to the adult the purpose and nature of the assessment, (iii) explain to the adult that they have the right to (A) refuse to undergo or continue with the assessment, (B) have a person present to assist the adult in feeling comfortable and relaxed when undergoing an assessment, and (C) have a person present or use a device to assist the adult to communicate for the adult to be able to fully demonstrate the adult’s capacity during an assessment, (iv) provide to the adult the information that a reasonable person would require to understand the proposed decision, and (v) explain to the adult the significance and effect of a finding that the adult does not have the capacity to make a decision about a personal matter or financial matter. AR 219/2009 s19;36/2026 Specific information re health care decisions 20 When assessing, under section 87 of the Act, an adult’s capacity to make a decision about the adult’s health care, a health care provider shall provide the following information to the adult unless the level of consciousness of the adult is non‑responsive: (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. AR 219/2009 s20;36/2026 Specific information re residential facilities 20.1 (1) Subsection (2) applies to (a) an assessment, under section 87 of the Act, of an adult’s capacity to make a decision about the adult’s temporary admission to or discharge from a residential facility, and (b) an assessment, under section 100.2 of the Act, of an adult’s capacity to make a decision about financial matters. (2) A health care provider who is assessing an adult’s capacity shall provide the following information to the adult unless the level of consciousness of the adult is non‑responsive: (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. AR 36/2026 s10 Assessment 20.2 (1) Subsection (2) applies to (a) an assessment, under section 87 of the Act, of an adult’s capacity to make a decision about the adult’s health care or the adult’s temporary admission to or discharge from a residential facility, and (b) an assessment, under section 100.2 of the Act, of an adult’s capacity to make a decision about financial matters. (2) A health care provider who is assessing an adult’s capacity shall determine if the adult has the capacity to make a decision, based on whether the adult (a) understands the information given to the adult by the health care provider, and (b) appreciates the reasonably foreseeable consequences of (i) a decision, and (ii) a failure to make a decision. AR 36/2026 s10 Form 20.3 (1) A health care provider shall complete Parts 1 and 3 of Form 6 prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation (AR 224/2009) in respect of (a) an assessment of capacity conducted under section 87 of the Act, and (b) records under section 91 of the Act. (2) A specific decision maker shall complete Part 2 of Form 6 prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation (AR 224/2009) in respect of a declaration of a specific decision maker under section 90 of the Act. (3) A health care provider shall complete Part 1 of Form 6 prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation (AR 224/2009) in respect of an assessment of capacity conducted under section 100.2 of the Act. AR 36/2026 s10 Duty to provide information re health care, admissions and discharges 21 If a health care provider determines, under section 87 of the Act, 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 or the proposed temporary admission to or discharge from a residential facility, the health care provider shall inform the adult of the following: (a) the result of the assessment; (b) that a specific decision maker may be selected to make the decision for the adult; (c) that the adult has the right, under section 96 of the Act, to request a capacity assessor to conduct a capacity assessment; (d) that the adult has the right, under section 97 of the Act, to apply to the Court for a review of (i) the assessment of the adult’s capacity, or (ii) a decision of a specific decision maker. AR 219/2009 s21;36/2026 Duty to provide information re specific financial decision 21.1 If a health care provider determines, under section 100.2 of the Act, that an adult does not have the capacity to make a decision about financial matters, the health care provider shall inform (a) the adult and the Public Trustee of the result of the assessment, and (b) the adult that (i) the Public Trustee has the authority to make a financial decision for the adult, and (ii) the adult has the right, under section 100.5 of the Act, to apply to the Court for a review of (A) the assessment of the adult’s capacity, or (B) a financial decision of the Public Trustee. AR 36/2026 s10 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 12 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;83/2020 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 20.3(1)(a). AR 219/2009 s25;36/2026 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 Court of Justice, Court of King’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 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. AR 219/2009 s28;218/2022;76/2023;142/2025 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.
Part document.segment-2
Adult Guardianship and Trusteeship Regulation — segment 2
- document.segment-2 Verify source ↗
Adult Guardianship and Trusteeship Regulation — segment 2
AI-assisted research summary: The review officer must prepare, serve, and send notice and related documents in adult guardianship/trusteeship procedures, and certain people may request a hearing.
(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, Trustee or Other Person Started by Desk Application Application 47 (1) An assisted person, co‑decision‑maker or interested person may start an application for a review of a co‑decision‑making order under section 21 of the Act by desk application by submitting the documents referred to in subsection (2) to a review officer. (1.1) A represented person, guardian or interested person may start an application for a review of a guardianship order under section 40 of the Act by desk application by submitting the documents referred to in subsection (3) to a review officer. (1.2) A represented person, trustee or interested person may start an application for a review of a trusteeship order under section 70 of the Act by desk application by submitting the documents referred to in subsection (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 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 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 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 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 18. AR 219/2009 s47;96/2010;178/2011;83/2020;36/2026 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 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 47(3)(a) or (4)(a). AR 219/2009 s52;37/2010;83/2020 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 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 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 17. (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 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 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 17. AR 219/2009 s55;83/2020 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 by Other Person Started by Notice of Application and Hearing 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;
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Adult Guardianship and Trusteeship Regulation — segment 3
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Adult Guardianship and Trusteeship Regulation — segment 3
AI-assisted research summary: This segment sets out who must receive papers, when documents must be served, and what the review officer, applicant, court, and Public Trustee may or must do in trustee accounts and related hearing procedures.
(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. Duty of review officer 60.1 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. AR 83/2020 s7 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 current copy of the certificate of title for any land 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. AR 219/2009 s61;83/2020 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 14; (b) the affidavit of the applicant, in Form 15; (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 18. (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. AR 219/2009 s62;83/2020 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 16, 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;83/2020 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 18, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer. AR 219/2009 s67;83/2020 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 14; (b) the affidavit of the applicant, in Form 15; (c) the financial statements; (d) a notice of application and hearing, in Form 17. AR 219/2009 s70;83/2020 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, (b) an affidavit, in Form 40, and (c) 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. AR 219/2009 s75;83/2020 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. Review specific financial decisions 85.1 (1) A person referred to in section 100.5(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 an assessment has been completed or for whom the Public Trustee has made a financial decision under section 100.3 of the Act; (b) if section 100.2(2)(b) of the Act applies, the guardian, agent, specific decision maker or co‑decision‑maker referred to in that section; (c) the adult’s nearest relative other than the applicant or a person listed in clause (b); (d) the Public Trustee. AR 36/2026 s15 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 King’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. AR 219/2009 s100;218/2022 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 King’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;218/2022 Part 3 Coming into Force 102 Repealed AR 232/2018 s3. 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 King’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?
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Adult Guardianship and Trusteeship Regulation — segment 4
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Adult Guardianship and Trusteeship Regulation — segment 4
AI-assisted research summary: The applicant must propose a review date if the capacity report says the adult’s capacity is likely to improve; otherwise the applicant may propose a review date or ask the Court not to require one.
□ 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;218/2022 Form 2 Affidavit of Applicant Application to Appoint Co‑decision‑maker Court File Number Court Court of King’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 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): 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: 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: 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: 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: 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 for the following reason: 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 AR 219/2009 Sched 2 Form 2;218/2022 Form 3 Notice of Application — Appointment of Co‑decision‑maker Court File Number Court Court of King’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;218/2022 Form 4 Notice of Application and Hearing Appointment of Co‑decision‑maker Court File Number Court Court of King’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 King’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;218/2022 Form 5 Order Appointment of Co‑decision‑maker Court File Number Court Court of King’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 □ Reasonable disbursements only shall be paid by □ 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 King’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;218/2022 Form 6 Application Review of Co‑decision‑making Order Court File Number Court Court of King’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;218/2022 Form 7 Affidavit of Applicant Review of Co‑decision‑making Order Court File Number Court Court of King’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 (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: 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: 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: 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: 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 for the following reason: . 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 AR 219/2009 Sched 2 Form 7;218/2022 Form 8 Notice of Application Review of Co‑decision‑making Order Court File Number Court Court of King’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;218/2022 Form 9 Notice of Application and Hearing Review of Co‑decision‑making Order Court File Number Court Court of King’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 King’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;218/2022 Form 10 Order Review of Co‑decision‑making Order Court File Number Court Court of King’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; □ the following personal matter(s) of the adult that the Court considers necessary, namely: [Include only if requested in application] 2.1 The co‑decision‑making order is terminated. [Include only if requested in application] 2.2 Is discharged as co‑decision‑maker of the adult. [Include only if requested in application] 2.3 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] 2.4 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] 2.5 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] 2.6 This order is subject to the following conditions, limits, or requirements: reserved for conditions, limits or requirements considered appropriate by Court > 2.7 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 represented person 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 co‑decision‑maker or suitability to be a co‑decision‑maker for the adult. 3 Costs of Application 3.1 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. 4 Other Matters 4.1 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 4.2 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 only if application is for review of a co-decision-making order that has not taken effect because the assisted person has not attained the age of majority, and the co-decision-making order is continued, amended or replaced] 4.3 In accordance with section 11(2)(b) of the Act, this order does not take effect until the person in respect of whom this order is made attains the age of majority, except to continue, amend or replace the order being reviewed as provided in this order. Justice of the Court of King’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 10;164/2010;178/2011;218/2022 Form 11 Consent of Proposed Assisted Adult Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Assisted Adult Applicant 1 My name is 2 I understand that an application is to be made to the Court to appoint the following person or persons as co‑decision‑maker(s) for me: 3 I understand that if the Court makes a co‑decision‑making order, I will have to make decisions in the following personal matters with a co‑decision‑maker. [Check all that are applicable, as set out in the application form.] □ my health care □ where, with whom and under what conditions I am to live, either permanently or temporarily □ the persons with whom I may associate □ my participation in social activities □ my participation in any educational, vocational or other training □ my employment □ the carrying on of any legal proceeding that does not relate primarily to my financial matters □ any other personal matter the Court considers necessary, specifically: 4 I consent to the Court making an order appointing the person or persons named above as my co‑decision‑maker(s). 5 I understand that if the Court makes a co‑decision‑making order, I may terminate the order by signing a withdrawal of consent form and filing it with the clerk of the Court. Signature Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched 2 Form 11;218/2022 Form 12 Consent of Proposed Co‑decision‑maker Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Co‑decision‑maker Applicant Name 1 I, , consent to act as co‑decision‑maker for (“adult”) . 2 I am 18 years of age or older. 3 I believe that I am a suitable person to be co‑decision‑maker for the adult. 4 □ I am unaware of any conflict of interest that exists or could potentially come into existence if I am appointed co‑decision‑maker OR □ Details of any potential conflict of interest are set out below, together with an explanation of why I believe it will not prevent me from acting in the best interests of the adult. 5 I understand that as co‑decision‑maker I ● must exercise my authority in the adult’s best interests, diligently, and in good faith, ● must assist the adult to access, collect or obtain from any person the information relevant to the personal matters with respect to which the assisted adult is required to make decisions with me, ● must discuss the relevant information with the adult and assist the adult in making those decisions, and ● must not refuse to sign a document respecting a personal matter in respect of which the adult is required to make a decision with me if a reasonable person could have made the decision and the decision is not likely to result in harm to the assisted adult. 6 I authorize a review officer or a person acting on behalf of a review officer to obtain a criminal records check if required by the review officer for the purpose of preparing a report to the Court regarding my suitability to be co-decision-maker for the adult. Signature of Proposed Co‑decision‑maker Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched 2 Form 12;218/2022 Form 13 Withdrawal of Consent of Assisted Person Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Withdrawal of Consent of Assisted Person Applicant 1 My name is 2 The Court with my consent made a co‑decision‑making order appointing the following person or persons as co‑decision‑maker(s) for me: 3 I understand that I may withdraw my consent to the co‑decision‑making order by signing this form and filing it with the clerk of the Court of King’s Bench. 4 I understand that I must serve a filed copy of this withdrawal of consent on each co‑decision‑maker named in the co‑decision‑making order.
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Adult Guardianship and Trusteeship Regulation — segment 5
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Adult Guardianship and Trusteeship Regulation — segment 5
AI-assisted research summary: If consent to a co-decision-making order is withdrawn, the order ends and the clerk of the Court must send a filed copy of the withdrawal to the Public Guardian.
5 I understand that if I withdraw my consent, the co‑decision‑making order will terminate and I will no longer have a co‑decision‑maker. 6 I understand that if I withdraw my consent, the clerk of the Court must send a filed copy of my withdrawal of consent to the Public Guardian. 7 I withdraw my consent to the co‑decision‑making order. Signature Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched. 2 Form 13;37/2010;218/2022 Form 14 Application for Appointment of Guardian or Trustee, Review of Guardianship or Trustee Order or Examination and Approval of Trustee ’ s Accounts (in any combination) Court File Number Court Court of King’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 (Lawyer information) □ This section is not applicable Law firm name Responsible lawyer’s name Lawyer’s file number Address City Province Postal code Country Phone Fax Email APPLICANT’S ADDRESS FOR SERVICE (Non-lawyer application) □ This section is not applicable Address City Province Postal code Country Phone Fax Email 1 Information About the Application and Applicant 1.1 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 need to complete and file affidavits of service and attend the hearing, either in person or by legal counsel. 1.2 For what type(s) of order are you applying? (check all that apply) □ Appointment of guardian(s) for the adult □ Appointment of trustee(s) for the adult □ Review of a guardianship order granted on (original appointment) and most recently reviewed (if ever) on (last review) □ Review of a trusteeship order granted on (original appointment) and most recently reviewed (if ever) on ( last review) □ Examination and approval of accounts for a trusteeship order granted on (original appointment) and for which accounts were most recently approved (passed) on ( last review) 1.3 What is your relationship to the adult? I am the adult’s: □ Parent □ Child □ Spouse □ Brother/sister □ Adult interdependent partner □ Other (describe) 2 Information About the Adult 2.1 What is the adult’s name, date of birth and marital status? Adult’s full name Other name (maiden / nickname) Date of birth yyyy mm dd Marital status □ Adult interdependent partnership □ Divorced □ Married □ Separated □ Single □ Widowed □ Unknown 2.2 What is the adult’s permanent address? Name of residential facility (if applicable) Address Suite City Province Postal code Country Phone 2.3 What is the adult’s present address (if different from permanent address)? Name of residential facility (if applicable) Address Suite City Province Postal code Country Phone 3 Information About Current and Proposed 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? □ Yes □ No Next review date YYYY MM DD □ Supporter □ Co‑decision‑maker □ Guardian □ Trustee 3.2 Provide the following information for each person who is currently a decision‑maker or is proposed as a decision‑maker for the adult. Indicate the current and proposed position(s) for each person, as applicable. Full name Address City Province Postal code Country Phone Fax Email Relationship to the adult Currently: □ Guardian □ Trustee □ Co‑decision‑maker □ Alternate guardian □ Alternate trustee □ Supporter Proposed as: □ Guardian □ Trustee □ Alternate guardian □ Alternate trustee 3.3 Has the adult signed an enduring power of attorney? □ Yes □ No If yes, provide the following information for each attorney. Full name Address City Province Postal code Country Phone Fax Email Relationship to the adult 3.4 Does the adult have a personal directive? □ Yes □ No If yes, provide the following information for the agent: Full name Address City Province Postal code Country Phone Fax Email Relationship to the adult 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, lives in Canada , and has not already been listed in any of the questions above: ● Spouse ● Parents ● Children 18 years of age or older ● Adult interdependent partner ● Brothers and sisters 18 years of age or older Full name Address City Province Postal code Country Phone Fax Email Relationship to the adult 4.2 If the adult is defined as an Indian by the Indian Act , is a member of a band and is ordinarily resident on a reserve, provide the following information: Name of band Address of band office City Province Postal code Country Phone Fax 4.3 If there are any other interested persons who are 18 years of age or older who you think should be given notice of this application, provide their contact information and their relationship to the adult. Full name Address City Province Postal code Country Phone Fax Email Relationship to the adult 5 Information for Proposed Guardianship Order/Guardianship Order Review Complete this section if you are applying for the appointment of a guardian or a review of a guardianship order. 5.1 If you are applying for a review of a guardianship order, what are you requesting the Court to do? (check all that apply) □ Continue the guardianship order □ as is, without any amendment (except for the required review date, if any) □ with amendments as requested in the application □ Terminate the guardianship order □ Replace the guardianship order* □ Discharge the following person(s) as guardian or alternate guardian: * If the current order was issued under the Dependent Adults Act and you are not requesting the Court to terminate it, the order must be replaced with an order with wording that conforms with the Adult Guardianship and Trusteeship Act . 5.2 If you are requesting that the Court make, continue or replace a guardianship order, indicate the personal matters for which the guardian currently has authority, if applicable, and any personal matters for which you are proposing the guardian be given authority (check all that apply). Current Proposed Matter □ □ 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 □ * to decide whether the dependent adult should apply for any licence, permit, approval or other consent or authorization required by law □ * to make normal day‑to‑day decisions on behalf of the dependent adult including the diet and dress of the dependent adult □ □ any other personal matter the Court considers necessary, specifically __________________ * These matters are not specifically provided for by the Adult Guardianship and Trusteeship Act but may be identified in a guardianship order under the Dependent Adults Act . 5.3 If 2 or more guardians have been appointed or will be appointed for the adult, are you requesting the Court to make an order under section 31(2) of the Adult Guardianship and Trusteeship Act ? □ Not applicable (only one guardian is or will be appointed) □ No (guardians to act separately) □ Yes (check all that apply) □ Give (name of guardian) exclusive authority to act and make decisions respecting the following personal matters of the adult: □ Authorize the guardians to act separately in respect of the following personal matters of the adult: □ Require the guardians to act jointly in respect of the following personal matters of the adult: 5.4 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 guardianship order to be reviewed within year(s). □ I propose that the Court not require the guardianship 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 interests of the adult. 6 Information for Proposed Trusteeship Order/Trusteeship Order Review Complete this section if you are applying for the appointment of a trustee or a review of a trusteeship order. 6.1 If you are applying for a review of a trusteeship order, what are you requesting the Court to do? (check all that apply) □ Continue the trusteeship order □ as is, without any amendment (except for the required review date, if any) □ with amendments as requested □ Terminate the trusteeship order □ Replace the trusteeship order* □ Discharge the following person(s) as trustee or alternate trustee: * If the current order was issued under the Dependent Adults Act and you are not requesting the Court to terminate it, the order must be replaced with an order with wording that conforms with the Adult Guardianship and Trusteeship Act . 6.2 Are you requesting that the Court give the trustee any special authority or direction or impose any special limitation or condition on the trustee’s authority? □ No □ Yes If yes, indicate the special authority or direction you are requesting. □ Limit the trustee’s authority to the following property or financial matters of the adult: □ Extend the trustee’s authority to the following land outside of Alberta, subject to the laws of the jurisdiction in which the land is located: □ Authorize the trustee to permit the adult to open or maintain a deposit account at a financial institution, subject to any conditions that may be imposed by the Court, including: Maximum permitted monthly deposit amount $ Maximum permitted account balance $ □ Authorize the trustee to sell, transfer, or encumber the following real property of the adult: □ Authorize the trustee to purchase the following real property on behalf of the adult: □ Give exclusive authority to (name of trustee) over the following financial matters of the adult: □ Authorize any one of the trustees to act separately in respect of the following financial matters of the adult: □ Approve the following bond or other security to be provided by a non‑resident trustee or alternate trustee: □ Dispense with the requirement for a non‑resident trustee or alternate trustee to provide a bond or other security. 6.3 Does the capacity assessment report indicate that the adult’s capacity to make decisions in financial 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 trusteeship order to be reviewed within year(s). □ I propose that the Court not require the trusteeship 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 interests of the adult. 6.4 What is your proposal regarding periodic examination and approval of the trustee’s accounts by the Court?* □ I propose that the Court require the trustee to submit accounts for the Court’s examination and approval within year(s). □ I propose that the Court not require the trustee to submit accounts for the Court’s examination and approval within a certain period. * Your affidavit must state why you believe your proposal regarding periodic examination and approval of the accounts is in the best interests of the adult. 7 Information for Examination and Approval of Trustee’s Accounts 7.1 The Court is requested to examine and approve the trustee’s accounts for the accounting period from (start date) to (end date) . 7.2 What order are you requesting the Court to make regarding the trustee’s compensation for the accounting period? □ I am requesting the Court to approve the taking of compensation for the accounting period in accordance with an election made under section 66(2) of the Act. □ I am requesting the Court to set the trustee’s compensation and approve the taking of compensation for the accounting period. □ I am not requesting compensation for the accounting period. □ Other (describe). 7.3 What is your proposal regarding periodic examination and approval of the trustee’s accounts by the Court?* □ I propose that the Court require the trustee to submit accounts for the Court’s examination and approval within year(s). □ I propose that the Court not require the trustee to submit accounts for the Court’s examination and approval within a certain period. * Your affidavit must state why you believe your proposal regarding periodic examination and approval of the accounts is in the best interests of the adult. 8 Other Documents Submitted with Application 8.1 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 (Form 15) □ Capacity assessment report (Form 4 of the Adult Guardianship and Trusteeship (Ministerial) Regulation) dated* (yyyy‑mm‑dd) * The capacity assessment report must not be dated more than 6 months before you start the application unless you are specifically requesting the Court to accept an older report. You may make such a request by completing item 10.2 below. □ Guardianship plan (Form 32) □ Guardian’s record of decisions (Form 33) □ Trusteeship plan (Form 34 or 35) □ Consent to act of each proposed guardian (Form 24 or 25) □ Consent to act of each proposed alternate guardian (Form 26) □ Consent to act of each proposed trustee (Form 27 or 28) □ Consent to act of each alternate trustee (Form 29) □ Notice of application and hearing (if proposing that application proceed by hearing) (Form 17) If current decision‑making arrangements exist for the adult: □ N/A □ Supported decision‑making authorization □ Personal directive □ Enduring power of attorney □ Co‑decision‑making order □ Previously granted guardianship order □ Previously granted trusteeship order If applying to appoint a trustee, either: □ N/A □ Inventory of the adult’s assets and liabilities (Form 37), or □ Undertaking of trustee(s) to file inventory after appointment (item 5 of trustee consent: Form 27) If applying for examination and approval of trustee’s accounts: □ N/A □ Overview of trusteeship accounts (Form 38) □ Inventory (Form 37) □ Statement of transactions (Form 36) □ Other (describe): 8.2 Personal references □ This section is not applicable. □ I am submitting or will submit to a review officer two personal references for each proposed guardian, alternate guardian, trustee or alternate trustee who is not already a guardian, alternate guardian, trustee or alternate trustee, where required by the Adult Guardianship and Trusteeship Regulation . I understand that these documents will not be filed with the Court unless the Court subsequently directs the review officer to do so. 9 Request to Dispense with Service or Notice □ This section is not applicable. 9.1 The Court may dispense with service of the application documents on the adult in certain circumstances if the Court is satisfied service would be harmful to the adult. Are you requesting the Court to dispense with service of the application documents on the adult? □ Yes □ No 9.2 Are you requesting the Court to dispense with the requirement to give notice of the application to a person (other than the adult) to whom notice must otherwise be given? □ Yes □ No If 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 this person. ____________________________ Name of person ____________________________ Person’s relationship to adult Note: If you are making a desk application and you request the Court to dispense with notice to a person, the review officer will NOT send notice of the application to that person. If the Court decides not to dispense with notice to the person, a decision on your application will be delayed until the person is notified and given an opportunity to respond. 10 Costs and Other Matters 10.1 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 $ __________ , plus reasonable disbursements, be paid by or from the property of the adult. □ I am asking the Court to order that my lawyer’s fees for this application 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: _____________________________________________ 10.2 Are you requesting the Court to give any direction, approval or dispensation not already described in this application? □ No □ Yes. If yes, describe the requested direction, approval or dispensation: ___________________________________________________ If you are providing a draft order with your application, it must include terms to match any requested direction, approval, or dispensation identified in item 10.2. ____________________________ Applicant’s signature or signature of lawyer on behalf of applicant _______________ Date AR 219/2009 Sched. 2 Form 14;37/2010;96/2010;164/2010; 83/2020;218/2022 Form 15 Affidavit of Applicant Appointment of Guardian or Trustee, Review of Guardianship or Trusteeship Order, or Examination and Approval of Trustee’s Accounts (in any combination) Court File Number Court Court of King’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 Information Required for All Applications This section of the affidavit must be completed for all applications. 1.1 □ I make this affidavit in support of my application to appoint a □ guardian □ trustee for _____________________ who is referred to in this affidavit as the “adult”. □ Not applicable 1.2 □ I am a □ guardian □ trustee for _____________________ who is referred to in this affidavit as the “adult”. I make this affidavit in support of my application for a(n) □ review of a guardianship order □ review of a trusteeship order □ examination and approval of trustee’s accounts for the accounting period beginning __________ and ending ___________. □ Not applicable 1.3 I have personally completed or carefully read the application form and all other forms and documents set out in item 8 of the application form, and to the best of my knowledge the information in them is accurate and complete. 2 Information Required for Appointment of Guardian This section of the affidavit must be completed if you are applying for the APPOINTMENT OF A GUARDIAN (or a guardian AND trustee) for the adult. Otherwise, the section should be omitted. 2.1 I believe the adult lacks the capacity to make decisions about the personal matters for which I am requesting the Court to appoint a guardian. This belief is based on my review of the capacity assessment report. 2.2 The following alternative measures that are less intrusive and less restrictive than guardianship have been IMPLEMENTED and have not been effective in meeting the adult’s needs for the following reason(s): See note following paragraph 2.3. Describe alternative measures (e.g. supported decision‑making, co‑decision‑making) that have been implemented and indicate why they were not effective in meeting the adult’s needs, indicating the source of your information. If alternative measures have not been implemented, say “None”. 2.3 The following alternative measures that are less intrusive and less restrictive than guardianship have been CONSIDERED and are not likely to be effective in meeting the needs of the adult for the following reasons: Describe alternative measures (e.g. supported decision‑making, co‑decision‑making) that have been considered and indicate why they are unlikely to be effective in meeting the adult’s needs, indicating the source of your information. If alternative measures have not been considered, say “None”. Note: To make a guardianship order the Court must be satisfied that less intrusive and less restrictive alternative measures have either been implemented and have not been effective or have been considered and are unlikely to be effective. 2.4 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 guardianship order requested in my application: You should address the matters set out in section 26(7) of the Act. IF YOU HAVE NO ADDITIONAL INFORMATION, SAY “NONE”. 2.5 I believe that each proposed guardian and each proposed alternate guardian (if any) will act in the best interests of the adult and is suitable as a guardian for the adult. This belief is based on the following information: You should address the matters set out in section 28(1) of the Act because they must be considered by the Court. 2.6 I believe that my proposal with respect to periodic review of the guardianship order by the Court, as set out in item 5.4 of the application form, is in the best interests of the adult for the following reasons: ________________________________________________________________________________________________________________________________________________ 3 Information Required for Appointment of Trustee This section of the affidavit must be completed if you are applying for the APPOINTMENT OF A TRUSTEE (or a guardian AND trustee) for the adult. Otherwise, the section should be omitted and the following sections and paragraphs renumbered accordingly. 3.1 I believe the adult lacks the capacity to make decisions about financial matters. This belief is based on my review of the capacity assessment report. 3.2 I believe that less intrusive and less restrictive alternative measures than trusteeship would not adequately protect the adult’s interests in respect of financial matters, for the following reasons: Describe any measures for managing the adult’s financial affairs, other than trusteeship, that have been implemented or considered (e.g. an enduring power of attorney, appointment of an AISH benefits administrator) and indicate why such measures are or would be inadequate to protect the adult’s financial interest, indicating the source of your information. 3.3 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 trusteeship order requested in my application: You should address the matters set out in section 46(7) of the Act. IF YOU HAVE NO ADDITIONAL INFORMATION, SAY “NONE”. 3.4 I believe that each proposed trustee and each proposed alternate trustee (if any) will act in the best interests of the adult and is suitable as a trustee for the adult. This belief is based on the following information: You should address the matters set out in section 49(1)(a) of the Act because they must be considered by the Court. 3.5 I believe that my proposal with respect to periodic examination and approval of the trustee’s accounts by the Court, as set out in item 6.4 of the application form, is in the best interests of the adult for the following reasons: ________________________________________________________________________________________________________________________________________________ 3.6 I believe that my proposal with respect to periodic review of the trusteeship 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: ________________________________________________________________________________________________________________________________________________ 3.7 Add additional paragraphs as necessary to provide information in support of any special authority or direction that is being sought in relation to financial matters of the adult, such as authority to sell real property, or an order dispensing with the requirement for an out‑of‑province trustee or alternate trustee to provide a bond: ________________________________________________________________________________________________________________________________________________ 4 Information Required for Review of Guardianship Order – Continuing Order This section of the affidavit must be completed if you are applying for the REVIEW OF A GUARDIANSHIP ORDER to CONTINUE the order. Otherwise, the section should be omitted. Complete items 4.1 to 4.5 only if you are applying to continue a guardianship order. 4.1 I believe the adult continues to lack the capacity to make decisions about the personal matters for which I am requesting the Court to continue the authority of the guardian. This belief is based on my review of the capacity assessment report. 4.2 I believe that less intrusive and less restrictive alternative measures than guardianship would not be effective in meeting the adult’s needs for the following reason(s): Describe alternative measures (e.g. supported decision‑making, co‑decision‑making) 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 in meeting the adult’s needs. Indicate the source of your information and belief. 4.3 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 guardianship order with amendments, if any, requested in my application: You should address the matters set out in section 26(7) of the Act. IF YOU HAVE NO ADDITIONAL INFORMATION, SAY “NONE”. 4.4 I believe that each proposed guardian and proposed alternate guardian (if any) will act in the best interests of the adult and is suitable as a guardian for the adult. This belief is based on the following information: You should address the matters set out in section 28(1) of the Act because they must be considered by the Court. 4.5 I believe that my proposal with respect to periodic review of the guardianship order by the Court, as set out in item 5.4 of the application form, is in the best interests of the adult for the following reasons: 5 Information Required for Review of Guardianship Order – Terminating Order This section of the affidavit must be completed if you are applying for the REVIEW OF A GUARDIANSHIP ORDER TO TERMINATE the order. Otherwise, the section should be omitted. 5.1 I believe that the adult is no longer in need of a guardian for the following reasons: __________________________________________________________________________________________________________________________________ OR 5.1 I believe that an order terminating the guardianship order should be made for the following reasons: You should address the matters set out in section 40(5)(b) of the Act because they must be considered by the Court. 5.2 I believe that the following suitable arrangements have been made or will be made in respect of the adult: __________________________________________________________________________________________________________________________________ OR 5.2 I believe that another guardianship order in respect of the represented person has been or will be made. 6 Information Required for Review of Guardianship Order – Discharging Guardian and Appointing New Guardian This section of the affidavit must be completed if you are applying for the REVIEW OF A GUARDIANSHIP ORDER for an order to DISCHARGE the guardian and APPOINT a new guardian. Otherwise, the section should be omitted. 6.1 I believe that an order discharging the guardian and appointing a new guardian should be made for the following reasons: You should address the matters set out in section 40(5)(b) of the Act because they must be considered by the Court. 7 Information Required for Review of Trusteeship Order Continuing Order This section of the affidavit must be completed if you are applying for the REVIEW OF A TRUSTEESHIP ORDER to CONTINUE the order. Otherwise, the section should be omitted. 7.1 I believe the adult continues to lack the capacity to make decisions about financial matters. This belief is based on my review of the capacity assessment report. 7.2 I believe that less intrusive and less restrictive alternative measures than trusteeship would not adequately protect the adult’s interests in respect of financial matters, for the following reasons: Describe any measures for managing the adult’s financial affairs, other than trusteeship, that have been implemented or considered (e.g. an enduring power of attorney, appointment of an AISH benefits administrator) and indicate why such measures are or would be inadequate to protect the adult’s financial interests, indicating the source of your information. 7.3 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 trusteeship order with amendments, if any, requested in my application: You should address the matters set out in section 46(7) of the Act. IF YOU HAVE NO ADDITIONAL INFORMATION, SAY “NONE”. 7.4 I believe that each proposed trustee and proposed alternate trustee (if any) will act in the best interests of the adult and is suitable as a trustee for the adult. This belief is based on the following information: You should address the matters set out in section 49(1)(a) of the Act because they must be considered by the Court. 7.5 I believe that my proposal with respect to periodic review of the trusteeship 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: 7.6 I believe that my proposal with respect to the periodic examination and approval of the trustee’s accounts by the Court, as set out in item 6.4 of the application form, is in the best interests of the adult for the following reasons: 8 Information Required for Review of Trusteeship Order Terminating Order This section of the affidavit must be completed if you are applying for the REVIEW OF A TRUSTEESHIP ORDER to TERMINATE the order. Otherwise, the section should be omitted. 8.1 I believe that the adult is no longer in need of a trustee for the following reasons: OR 8.1 I believe that an order terminating the trusteeship order should be made for the following reasons: You should address the matters set out in section 70(5)(b) of the Act because they must be considered by the Court. 8.2 I believe that the following suitable arrangements have been made or will be made in respect of the adult: ________________________________________________________________________________________________________________________________________________ OR 8.2 I believe that another trusteeship order in respect of the represented person has been or will be made. 9 Information Required for Review of Trusteeship Order Discharging Trustee and Appointing New Trustee This section of the affidavit must be completed if you are applying for the REVIEW OF A TRUSTEESHIP ORDER for an order to DISCHARGE the trustee and APPOINT a new trustee. Otherwise, the section should be omitted. 9.1 I believe that an order discharging the trustee and appointing a new trustee should be made for the following reasons: You should address the matters set out in section 70(5)(b) of the Act because they must be considered by the Court. 10 Information Required for Examination and Approval of Trustee’s Accounts This section of the affidavit must be completed if you are a trustee who is applying for the EXAMINATION AND APPROVAL OF YOUR TRUSTEE’S ACCOUNTS. Otherwise, the section should be omitted. 10.1 The financial statements submitted in support of my application referred to in item 8 of the application form □ show all property and liabilities (debts) of the adult that I have been able to ascertain by the exercise of reasonable care, skill and diligence, and □ show all transactions respecting the adult’s property for the accounting period, including payments made or received and property acquired or disposed by the sale or otherwise. 10.2 During this accounting period, all of my actions as trustee have been taken in the best interests of the adult and in accordance with the trusteeship order and the trusteeship plan approved by the Court. 10.3 I believe that my proposal with respect to the periodic examination and approval of trusteeship accounts by the Court, as set out in item 7.3 of the application form, is in the best interests of the adult for the following reasons: ________________________________________________________________________________________________________________________________________________ 11 Request to Dispense with Service or Notice Include this section only if you are requesting the Court to dispense with the requirement to serve the application on or send notice of the application to a particular person. If you are requesting the Court to dispense with service or notice to two or more persons, include a separate paragraph for each person. 11.1 I am requesting the Court to dispense with the requirement to send notice of the application to (name of person) for the following reasons: State the facts that support your request for the Court to dispense with service or notice to the person. 12 Other Matters If you are requesting the Court to give any direction, approval or dispensation in item 10.2 of the application form, enter information in support of that request here: ________________________________________________________________________________________________________________________________________________ 13 Costs This section should only be completed if you are requesting the Court to make an order that the Crown in right of Alberta pay the costs of the application. 13.1 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 property (e.g. real estate, mineral rights, leases) and personal property not mentioned above $ Estimated total debts $ 13.2 It would be a hardship for me, as applicant, to pay the costs of this application personally. 13.3 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. 14 Sworn or Affirmed Affidavit Sworn or affirmed before me on ) __________________, 20____, ) at ________________, Alberta ) __________________________ Notary Public/Commissioner for Oaths in and for Alberta ) ) ) _______________________________ Applicant’s signature AR 219/2009 Sched.Form 15;37/2010;96/2010;83/2020;218/2022 Form 16 Notice of Application Appointment of Guardian or Trustee, Review of Guardianship or Trusteeship Order, or Examination and Approval of Trustee’s Accounts (in any combination) Court File Number Court Court of King’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 □ guardian(s) □ trustee(s) for _______________________ (the “ adult ”) on the ground that the adult lacks capacity to make decisions about personal matters or financial matters. □ An application has been started by ___________________ for □ review of a guardianship order □ review of a trusteeship order □ examination and approval of the trustee’s accounts for the accounting period beginning ______________ and ending _______________ in respect of _______________________ (the “ adult ”). 2 The application requests the Court to appoint or continue the appointment of the following person(s) to the positions indicated: Name Relationship to adult Proposed position □ Guardian □ Trustee □ Alternate guardian □ Alternate trustee 3 The application requests the Court to do the following upon reviewing the guardianship order: □ Continue the guardianship order □ as is, without any amendment (except for the required review date, if any) □ with amendments as requested □ Terminate the guardianship order □ Replace the guardianship order □ Discharge the following person(s) as trustee or alternate guardian: □ This item is not applicable. 4 The application requests the Court to do the following upon reviewing the trusteeship order: □ Continue the trusteeship order □ as is, without any amendment (except for the required review date, if any) □ with amendments as requested □ Terminate the trusteeship order □ Replace the trusteeship order □ Discharge the following person(s) as trustee or alternate trustee: □ This item is not applicable. 5 □ If a guardian is being appointed for the first time, the application requests the Court to give authority to the guardian for the following PROPOSED personal matters. □ If a guardianship order is being reviewed, the following are the personal matters for which the guardian CURRENTLY has authority The application requests the Court to give authority to the guardian for the following PROPOSED personal matters. Current Proposed Matter □ □ 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 □ * to decide whether the dependent adult should apply for any licence, permit, approval or other consent or authorization required by law □ * to make normal day‑to‑day decisions on behalf of the dependent adult including the diet and dress of the dependent adult □ □ any other personal matter the Court considers necessary, specifically __________________ * These matters are not specifically provided for by the Adult Guardianship and Trusteeship Act but may be identified in a guardianship order under the Dependent Adults Act . 6 The application requests the Court to examine and approve the trustee’s accounts for the accounting period from (start date) to (end date) . You have received an Overview of Trusteeship Accounts along with the Notice of Application. □ This item is not applicable. 7 Subject to certain limitations, a trustee appointed under the Adult Guardianship and Trusteeship Act has authority to do anything in relation to the adult’s financial affairs that the adult could do if the adult had capacity. One limitation is that a trustee other than the Public Trustee cannot sell land owned by the adult unless expressly authorized to do so by the Court. □ This item is not applicable. □ The application requests the Court to authorize the trustee to sell land owned by the adult. 8 The Court may consider the application and grant an order without holding a hearing unless a hearing is requested in accordance with the regulations. Any interested person is entitled to request a hearing. 9 You have received a blank 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: ________________________________ 10 The following documents have been submitted in support of this application: □ Application form □ Consent to act □ Affidavit of applicant □ Capacity assessment report □ Guardianship plan □ Trusteeship plan □ Guardian’s record of decisions □ Financial statements To make enquiries about the application, you may contact the review officer by phone at ____________________. The review officer’s name is _______________________. The review officer’s file number is __________________. AR 219/2009 Sched. 2 Form 16;178/2011;83/2020;218/2022 Form 17 Notice of Application and Hearing Appointment of Guardian or Trustee, Review of Guardianship or Trusteeship Order, or Examination and Approval of Trustee’s Accounts (in any combination) Court File Number Court Court of King’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 □ guardian(s) □ trustee(s) for _______________________ (the “ adult ”) on the ground that the adult lacks capacity to make decisions about personal matters or financial matters. □ An application has been started by ___________________ for □ review of a guardianship order □ review of a trusteeship order □ examination and approval of the trustee’s accounts for the accounting period beginning ______________ and ending _______________ in respect of _______________________ (the “ adult ”). 2 The application will be heard by a judge of the Court of King’s Bench of Alberta as follows: Date: Time: Place: 3 The application requests the Court to appoint or continue the following person(s) to the positions indicated: Name Relationship to adult Proposed position □ Guardian □ Trustee □ Alternate guardian □ Alternate trustee 4 The application requests the Court to do the following upon reviewing the guardianship order: □ Continue the guardianship order □ as is, without any amendment (except for the required review date, if any) □ with amendments as requested □ Terminate the guardianship order □ Replace the guardianship order □ Discharge the following person(s) as trustee or alternate guardian: □ This item is not applicable. 5 The application requests the Court to do the following upon reviewing the trusteeship order: □ Continue the trusteeship order □ as is, without any amendment (except for the required review date, if any) □ with amendments as requested □ Terminate the trusteeship order □ Replace the trusteeship order □ Discharge the following person(s) as trustee or alternate trustee: □ This item is not applicable. 6 □ If a guardian is being appointed for the first time, the application requests the Court to give authority to the guardian for the following PROPOSED personal matters. □ If a guardianship order is being reviewed, the following are the personal matters for which the guardian CURRENTLY has authority. The application requests the Court to give authority to the guardian for the following PROPOSED personal matters. Current Proposed Matter □ □ 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 □ * to decide whether the dependent adult should apply for any licence, permit, approval or other consent or authorization required by law □ * to make normal day‑to‑day decisions on behalf of the dependent adult including the diet and dress of the dependent adult □ □ any other personal matter the Court considers necessary, specifically __________________ * These matters are not specifically provided for by the Adult Guardianship and Trusteeship Act but may be identified in a guardianship order under the Dependent Adults Act . 7 The application requests the Court to examine and approve the trustee’s accounts for the accounting period from (start date) to (end date) . You have received an overview of Trusteeship Accounts along with the Notice of Application. □ This item is not applicable. 8 Subject to certain limitations, a trustee appointed under the Act has authority to do anything in relation to the adult’s financial affairs that the adult could do if the adult had capacity. One limitation is that a trustee other than the Public Trustee cannot sell land owned by the adult unless expressly authorized to do so by the Court. □ This item is not applicable. □ The application requests the Court to authorize the trustee to sell land owned by the adult. 9 You may obtain any 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 □ Affidavit of applicant □ Capacity assessment report □ Guardianship plan □ Trusteeship plan □ Guardian’s record of decisions □ Financial statements 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 (Lawyer information) Law firm name Responsible lawyer’s name Lawyer’s file number Street address Suite Other address information (e.g. P.O.
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Adult Guardianship and Trusteeship Regulation — segment 6
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Adult Guardianship and Trusteeship Regulation — segment 6
AI-assisted research summary: This form requires guardians and trustees, if appointed, to follow court-imposed limits and plans, act in the adult’s best interests, and meet certain notice, account, and inventory requirements.
Box) City Province Postal code Country Phone Fax Email APPLICANT’S ADDRESS FOR SERVICE (Non-lawyer application) Address City Province Postal code Country Phone Fax Email AR 219/2009 Sched 2 Form 17;178/2011;83/2020;218/2022 Form 18 Order Appointment of Guardian or Trustee, Review of Guardianship or Trusteeship Order, or Examination and Approval of Trustee’s Accounts (in any combination) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (the “ adult ”) Document Order ( select from the following ) □ Appointment of guardian □ Appointment of trustee □ Review of guardianship order □ Review of trusteeship order □ Examination and approval of trustee’s accounts Applicant Applicant’s address for service and contact information _____________________________ (Order prepared by) Date on which order was granted: Location at which order was granted: , Alberta 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 (e.g., to refer to multiple guardians or trustees). Help text (including this box) should also be deleted before the order is presented to the Court. The Court: ● has reviewed the 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; ( Include only if application is for the appointment of a guardian ) ● has determined that the conditions for appointment of a guardian are satisfied, namely, ● the adult does not have capacity to make decisions about the personal matters with respect to which the guardian is given authority by this order; ● less intrusive and less restrictive alternative measures than the appointment of a guardian have been considered or have been implemented and would not likely be or have not been effective in meeting the needs of the adult; ● it is in the adult’s best interests for a guardian to be appointed; ( Include only if application is for the appointment of a trustee ) ● has determined that the conditions for appointment of a trustee are satisfied, namely, ● the adult does not have the capacity to make decisions about financial matters; ● less intrusive and less restrictive alternative measures than the appointment of a trustee would not adequately protect the adult’s interests in respect of financial matters; ● it is in the adult’s best interests for a trustee to be appointed; ● in accordance with section 54(4) of the Act, has considered whether it would be in the adult’s best interests to impose any limits or conditions on the trustee’s authority. ( include only if your application is for review of a guardianship order, and the guardianship order is to continue ) ● has determined that the conditions for appointment of a guardian continue to be satisfied, namely, ● the adult does not have capacity to make decisions about the personal matters with respect to which the guardian is given authority by this order; ● less intrusive and less restrictive alternative measures than the appointment of a guardian have been considered or have been implemented and would not likely be or have not been effective in meeting the needs of the adult; ● it is in the adult’s best interests for a guardian to remain appointed; ( include only if your application is for review of a guardianship order, and the guardianship order is to be terminated ) ● has determined that the adult is no longer in need of a guardian; ( include only if your application is for review of a trusteeship order, and the trusteeship order is to continue ) ● has determined that the conditions for appointment of a trustee continue to be satisfied, namely, ● the adult does not have the capacity to make decisions about financial matters; ● less intrusive and less restrictive alternative measures than the appointment of a trustee would not adequately protect the adult’s interests in respect of financial matters; ● it is in the adult’s best interests for a trustee to remain appointed; ● in accordance with section 54(4) of the Act, has considered whether it would be in the adult’s best interests to impose any limits or conditions on the trustee’s authority; ( include only if your application is for review of a trusteeship order, and the trusteeship order is to be terminated ) ● has determined that the adult is no longer in need of a trustee. And the Court Orders: (Note: Delete all of section 1 if the application is not for appointment of a guardian or the review of a guardianship order and renumber the following sections and paragraphs accordingly.) 1 Appointment of Guardian/Guardianship Order Review ( Include in all cases where the application is to appoint a guardian or to review and continue or replace a guardianship order. ) 1.1 (Name of guardian(s)) is (are) appointed or continued as a guardian(s) of (name of adult) with authority to act and make decisions with respect to: □ 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: (specified matters) ( Include only if requested in application. ) 1.2 The guardianship order is terminated. ( Include only if requested in application. ) 1.3 (Name of guardian(s)) is (are) discharged as guardian(s) of the adult. ( Include only if requested in application. ) 1.4 (Name of one of 2 or more guardian(s)) has exclusive authority to act and make decisions respecting the following personal matters of the adult: (specified matters) ( Include only if requested in application. ) 1.5 The guardians must act jointly with respect to the following personal matters of the adult: (specified matters) ( Include only if requested in application. ) 1.6 (name of alternate guardian(s)) is (are) appointed as alternate guardian(s) for the adult with authority to act as guardian(s), without further proceedings, on an event referred to in section 32(3) of the Act. ( Include if you are applying to appoint a guardian, or if you are applying to review and continue or replace a guardianship order. ) 1.7 The guardianship plan as submitted is approved. ( Include if you are applying to appoint a guardian or if you are applying to review a guardianship order, unless you are applying to terminate the guardianship order. ) 1.8 The authority of the guardian(s) is (are) subject to the following conditions, limits or requirements: (reserved for conditions, limits or requirements considered appropriate by Court) ( Include only if requested in application. ) 1.9 The authority of (name of agent) under the adult’s personal directive dated (date) □ is wholly terminated □ is terminated for the following areas of authority but otherwise remains in effect: (areas of authority terminated) ( Include if you are applying to appoint a guardian or to review a guardianship order, unless you are applying to terminate the guardianship order. ) 1.10 (Name of guardian) must apply for a review of this guardianship 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 guardian 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 guardian’s ability to exercise the authority or carry out the duties and responsibilities of guardian or suitability to be a guardian for the adult . ( Include if you are applying to appoint a guardian and the adult is the subject of a co‑decision‑making order. ) 1.11 The co‑decision‑making order dated (date of order) is hereby terminated. (Note: If you are not applying to appoint a trustee or to review a trusteeship order, delete all of section 2 and renumber the following sections and paragraphs accordingly.) 2 Appointment of Trustee/Trusteeship Order Review ( Include if you are applying to appoint a trustee or to review a trusteeship order. ) 2.1 (Name(s) of trustee(s)) is (are) appointed or continued as to be trustee(s) of (name of adult) . ( Include only if requested in application. ) 2.2 The trusteeship order is terminated. ( Include only if requested in application. ) 2.3 (Name(s) of trustee(s)) is (are) discharged as trustee(s) of the adult. ( Include only if requested in application. ) 2.4 (Name(s) of alternate trustee(s)) is (are) appointed as alternate trustee(s) for the adult with authority to act as trustee(s), without further proceedings, on an event referred to in section 53(3) of the Act. ( Include unless application requests narrower scope for order. ) 2.5 This order applies ● to all personal property of the adult; ● to all real property of the adult in Alberta. ( Include only if requested in application. ) 2.6 This trusteeship order applies only to the following property or financial matter(s) of the adult: (property or financial matter(s) to which the order is to apply) ( Include only if requested in application. ) 2.7 To the extent it is recognized by the courts of, and subject to compliance with the laws of (name of jurisdiction) , this order applies to the following real property of the adult: (describe the real property located outside Alberta to which the order is to apply) ( Include if you are applying to appoint a trustee, or if you are applying to review and continue or replace a trusteeship order. ) 2.8 The trusteeship plan as submitted is approved. ( Include if you are applying to appoint a trustee or to review a trusteeship order, unless you are applying to terminate the trusteeship order. ) 2.9 Except as otherwise provided by the Act, the regulations or this order, the trustee(s) has (have) authority, with respect to the property to which this order applies, to ● take possession and control of the property; ● do anything in relation to the adult’s financial matters that the adult could do if capable of making decisions with respect to such financial matters, and ● sign all documents and do all things necessary to give effect to any power or authority vested in the trustee. ( Include unless the Public Trustee is the proposed trustee or you are applying to terminate a trusteeship order. ) 2.10 The trustee(s) has (have) no authority to sell, transfer, or encumber the real property of the adult or to purchase real property on behalf of the adult, except as follows: ● the trustee(s) may lease the real property of the adult for a term not exceeding 3 years; ● the trustee(s) may register this order against the title to the adult’s real property and the Registrar of Land Titles shall register this order notwithstanding section 191(1) of the Land Titles Act ; □ The trustee(s) is (are) authorized to: (authority to deal with real property specifically given to the trustee by the trusteeship order) ( Include only if requested in application. ) 2.11 The trustee(s) is (are) authorized to permit the adult to open or maintain a deposit account, subject to the following limitations: ● no more than $ may be deposited into the account in any month; ● the total balance must not exceed $ at any time. ( Include only if requested in application. ) 2.12 (Name of one of 2 or more trustees ) has exclusive authority with respect to the following financial matters of the adult: (matters over which trustee has exclusive authority) ( Include only if requested in application. ) 2.13 Any one of the trustees may exercise the authority granted to the trustees by this order with respect to the following financial matters of the adult: (matters for which any one trustee may act) ( Include only if the trustee is non‑resident and you have not requested the Court to dispense with the requirement to provide a bond or other security. ) 2.14 The following bond or security provided by ( name of non-resident trustee or alternate trustee) , as a non-resident trustee or alternate trustee, is approved: (description of nature, value and terms of bond or security) ( Include only if requested in application. ) 2.15 The requirement for (name of non-resident trustee or alternate trustee) to provide a bond or other security is dispensed with. ( Include if you are applying to appoint a trustee or to review a trusteeship order, unless you are applying to terminate the trusteeship order. ) 2.16 The trustee’s authority is subject to the following additional limits or conditions: (reserved for additional limits or conditions imposed by Court) ( Include if you are applying to appoint a trustee or to review a trusteeship order, unless you are applying to terminate the trusteeship order .) 2.17 (Name of trustee) must apply for a review of this trusteeship 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 trustee 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 trustee’s ability to exercise the authority or carry out the duties and responsibilities of trustee or suitability to be a trustee for the adult . ( Include if inventory of assets and liabilities is not submitted with application. ) 2.18 The trustee(s) must submit an inventory of the assets and liabilities of the adult within 6 months of the date of this order. ( Include only if requested in application. ) 2.19 (Name(s) of trustee(s)) must submit trustee’s accounts for examination and approval by the Court □ within years of the date of this order, OR □ as circumstances require (no fixed date), AND in any event, whenever directed to do so by the Court. ( Include if you are applying to appoint a trustee and the adult is the subject of a co‑decision‑making order. ) 2.20 The co‑decision‑making order dated (date of co‑decision‑making order ) is hereby terminated. ( Include if you are applying to appoint a trustee and the adult has signed an enduring power of attorney. ) 2.21 The enduring power of attorney dated (date of enduring power of attorney ) is hereby terminated. 3 Examination and Approval of Trustee’s Accounts ( Include if you are applying for examination and approval of trustee’s accounts. ) 3.1 The accounts of the trustee (s) (name of trustee(s)) for the period (start date) to (end date) are approved. ( Include if requested in application .) 3.2 The trustee is entitled to compensation in the amount of $ (amount of compensation) . ( Include if you are applying for examination and approval of trustee’s accounts unless you are also applying to terminate the trusteeship order. ) 3.3 (Name(s) of trustee(s)) must submit trusteeship accounts for examination and approval by the Court □ within year(s) of the date of this order, OR □ as circumstances require (no fixed date), AND in any event, whenever directed to do so by the Court. 4 Costs of Application 4.1 The following order is made regarding costs (legal fees and disbursements) of this application: □ Legal fees for this application □ in the amount of $ (amount) □ to be taxed 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. 5 Other Matters 5.1 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 represented adult is dispensed with. □ Notice of this application to the following person(s) is (are) dispensed with: Name Relationship to adult 5.2 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 (name of person to be served) by the following method of service: ( Include if you are making the application in respect of a person who has not yet attained the age of majority but will do so within 12 months. ) 5.3 In accordance with section 24(2)(b) or 43(3)(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. ( Include if you are applying for any other direction, approval or dispensation in item 10.2 of the application form. ) 5.4 ( set out terms of requested direction, approval or dispensation ) ___________________________________ Justice of the Court of King’s Bench of Alberta AR 219/2009 Sched. 2 Form 18;96/2010;164/2010;178/2011;83/2020;218/2022; 36/2026 Form 19 to Form 23 Repealed AR 83/2020 s15. Form 24 Consent of Proposed Guardian (Individual) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Guardian Applicant Name 1 I, , consent to act as guardian for (“adult”). 2 I am 18 years of age or older. 3 I believe that I am a suitable person to be a guardian for the adult. 4 □ I am unaware of any conflict of interest that exists or could potentially come into existence if I am appointed guardian OR □ Details of any potential conflict of interest are set out below, together with an explanation of why I believe it will not prevent me from acting in the best interest of the adult. 5 I understand and acknowledge that as guardian I must comply with any limits, conditions or requirements set out in the guardianship order and I must exercise my authority: ● in the adult’s best interests, diligently, and in good faith, ● in a way that encourages the adult to become, to the extent possible, capable of caring for themselves and making decisions about personal matters, and ● in the least intrusive and least restrictive manner that, in the opinion of the guardian, is likely to be effective. 6 I further understand that in determining whether a decision is in the adult’s best interests, consideration must be given to ● any wishes known to have been expressed by the adult while the adult had capacity, and ● any values and beliefs known to have been held by the adult while the adult had capacity. 7 I further understand that on being appointed guardian I must promptly and in a manner that the adult is likely to best understand, inform the adult of my appointment, the extent of my authority and any conditions, limits or requirements to which the guardianship order is subject. 8 I have personally prepared or have carefully read the proposed guardianship plan submitted with the application. I understand that I must act in accordance with the guardianship plan as approved by the Court . 9 I authorize a review officer or a person acting on behalf of a review officer to obtain a criminal records check if required by the review officer for the purpose of preparing a report to the Court regarding my suitability to be guardian for the adult. Signature of Proposed Guardian Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched. 2 Form 24;96/2010;218/2022;36/2026 Form 25 Consent of Proposed Guardian (Public Guardian) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Guardian Applicant Name 1 I, , consent to act as guardian for (“adult”). Signature of Proposed Guardian Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched 2 Form 25;96/2010;218/2022 Form 26 Consent of Proposed Alternate Guardian (Individual) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Alternate Guardian Applicant Name 1 I, alternate guardian>, consent to act as alternate guardian for (“adult”). 2 I am 18 years of age or older. 3 I believe that I am a suitable person to be an alternate guardian for the adult. 4 □ I am unaware of any conflict of interest that exists or could potentially come into existence if I am appointed guardian OR □ Details of any potential conflict of interest are set out below, together with an explanation of why I believe it will not prevent me from acting in the best interest of the adult. 5 I understand and acknowledge that when acting as guardian I must comply with any limits, conditions or requirements set out in the guardianship order and I must exercise my authority: ● in the adult’s best interests, diligently, and in good faith; ● in a way that encourages the adult to become, to the extent possible, capable of caring for themselves and making decisions about personal matters, and ● in the least intrusive and least restrictive manner that, in the opinion of the guardian, is likely to be effective. 6 I further understand that in determining whether a decision is in the adult’s best interests, consideration must be given to ● any wishes known to have been expressed by the adult while the adult had capacity, and ● any values and beliefs known to have been held by the adult while the adult had capacity. 7 I understand that I must advise the clerk of the Court as soon as I begin acting as a guardian because of an event referred to in section 32(3)(a) of the Act (death or incapacity of former guardian) and to provide evidence of the event to the clerk in accordance with the regulations. 8 I have carefully read the proposed guardianship plan submitted with the application. I understand that I must act in accordance with the guardianship plan as approved by the Court . 9 I authorize a review officer or a person acting on behalf of a review officer to obtain a criminal record check if required by the review officer for the purpose of preparing a report to the Court regarding my suitability to be alternate guardian for the adult. Signature of Proposed Alternate Guardian Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched. 2 Form 26;96/2010;178/2011;218/2022;36/2026 Form 27 Consent of Proposed Trustee (Individual) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Trustee Applicant Name 1 I, , consent to act as trustee for (“adult”). 2 I am 18 years of age or older. 3 I am □ a resident of Alberta. □ a resident of the province or state of 4 □ I am unaware of any conflict of interest that exists or could potentially come into existence if I am appointed trustee. OR □ Details of any potential conflict of interest are set out below, together with an explanation of why I believe it will not prevent me from acting in the best interest of the adult. 5 □ A true and complete inventory of the adult’s assets and liabilities has been submitted with the trusteeship application. OR □ I undertake to file with the clerk of the Court of King’s Bench of Alberta a true and complete inventory of the adult’s assets and liabilities within six months after I am appointed trustee. If any significant asset or liability of the adult is discovered after the filing of the original inventory, I undertake to file a true inventory of the asset or liability upon its discovery. 6 I understand: ● that I must maintain accounts of the trusteeship in accordance with the regulations under the Adult Guardianship and Trusteeship Act and submit my accounts for the Court’s examination and approval if directed to do so by the Court; ● that in determining whether a decision is in the adult’s best interests, consideration must be given to any wishes known to have been expressed by the adult while the adult had capacity, and any values and beliefs known to have been held by the adult while the adult had capacity. 7 I have personally prepared or have carefully read the proposed trusteeship plan submitted with the application. I understand that I must act in accordance with the trusteeship plan as approved by the Court. 8 I authorize a review officer or a person acting on behalf of a review officer ● to investigate my credit history and financial standing, including without limitation obtaining a report containing my credit information from a reporting agency as defined in the Consumer Protection Act , ● to obtain a criminal record check if required by the review officer for the purpose of preparing a report to the Court regarding my suitability to be trustee for the adult. Signature of Proposed Trustee Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched 2 Form 27;96/2010;56/2019;218/2022 Form 28 Consent of Proposed Trustee (Public Trustee or Trust Corporation) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Trustee Applicant Name 1 I, , consent to act as trustee for (“adult”). 2 □ A true and complete inventory of the adult’s assets and liabilities has been submitted with the trusteeship application. OR □ The proposed trustee undertakes to file with the clerk of the Court of King’s Bench of Alberta a true and complete inventory of the adult’s assets and liabilities within six months after I am appointed trustee. Signature of Authorized Representative Name of Authorized Representative Date Signed Title of Authorized Representative AR 219/2009 Sched 2 Form 28;96/2010;218/2022 Form 29 Consent of Proposed Alternate Trustee (Individual) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Consent of Proposed Alternate Trustee Applicant Name 1 I, , consent to act as alternate trustee for (“adult”). 2 I am 18 years of age or older. 3 I am □ a resident of Alberta. □ a resident of the province or state of 4 □ I am unaware of any conflict of interest that exists or could potentially come into existence if I am appointed alternate trustee. OR □ Details of any potential conflict of interest are set out below, together with an explanation of why I believe it will not prevent me from acting in the best interest of the adult. 5 I undertake to file with the clerk of the Court of King’s Bench of Alberta a true and complete inventory of the adult’s assets and liabilities within six months after I begin acting as trustee because of an event referred to in section 53(3)(a) of the Act (death or incapacity of the trustee). If any significant asset or liability of the adult is discovered after the filing of my original inventory, I undertake to file a true inventory of the asset or liability upon its discovery. 6 I understand that I must advise the clerk of the Court as soon as I begin acting as trustee because of an event referred to in section 53(3)(a) of the Act and to provide evidence of the event to the clerk in accordance with the regulations. 7 I understand that if I begin to act as trustee, I must maintain accounts of the trusteeship in accordance with the regulations under the Adult Guardianship and Trusteeship Act and submit my accounts for the Court’s examination and approval if directed to do so by the Court. 8 I have carefully read the proposed trusteeship plan submitted with the application. I understand that I must act in accordance with the trusteeship plan as approved by the Court. 9 I authorize a review officer or a person acting on behalf of a review officer ● to investigate my credit history and financial standing, including without limitation obtaining a report containing my credit information from a reporting agency as defined in the Consumer Protection Act, ● to obtain a criminal record check if required by the review officer for the purpose of preparing a report to the Court regarding my suitability to be alternate trustee for the adult. Signature of Proposed Alternate trustee Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched 2 Form 29;96/2010;178/2011;56/2019;218/2022 Form 30 Personal References My Name: Name of the person who the application is about (“the adult ”) Each person named below has consented to be my personal reference for the purposes of an application under the Adult Guardianship and Trusteeship Act to appoint me as □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee □ Co‑decision‑maker for the adult. I consent to a review officer or a person acting on behalf of a review officer contacting personal references for the purpose of obtaining personal information about me, to be used by a review officer for the purpose of preparing a report to the Court regarding my suitability to be a co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee. PERSONAL REFERENCES Name Telephone Number (Day) Telephone Number (Evening) Signature of Proposed Guardian Signature of Witness Date Signed Full Name (Printed) of Witness AR 219/2009 Sched 2 Form 30;37/2010 Form 31 Request for Hearing Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Request for Hearing Applicant Name To request the Court to hold a hearing regarding this application you must complete this Request for Hearing and return it by fax or mail to the review officer. The completed Request for Hearing must be received by the review officer on or before this date: □ I request that the Court hold a hearing to consider this application, for the following reason(s) □ I do not believe the adult requires a co‑decision‑maker, guardian or trustee, for the following reason(s): □ I believe that a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee is unsuitable for the proposed function, for the following reason(s): □ I believe the application for examination and approval of the trustee’s accounts raises issues that should be considered by the Court at a hearing, for the following reasons: □ Other (explain): I understand that the Court may order the costs of an application to be paid by someone who objects to the application if the Court is satisfied the objection is frivolous or vexatious. NAME OF PERSON REQUESTING HEARING 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 Signature of person requesting Hearing or Signature of Lawyer on behalf of person requesting Hearing Date INFORMATION FOR RETURNING THIS FORM Review Officer Mailing Address: Review Officer Fax No. Review Officer File No. If you do not request a hearing, you will not receive notice of any hearing that does take place regarding this application. AR 219/2009 Sched 2 Form 31;96/2010;218/2022 Form 32 Guardianship Plan Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Guardianship Plan Proposed Represented Adult Proposed Guardian and Alternate Guardian Name Name Date of Birth (mm/dd/yr) Address Address City/Province/PC City/Province/PC Telephone (incl. area code) Telephone (incl. area code) Living Situation (i.e. group home, long term care, etc.) 1 I have reviewed the Capacity Assessment Report, dated _____, which was prepared to support an application for a guardianship order for (proposed represented adult). In that report, the proposed represented adult was assessed as needing a guardian to make decisions about the following personal matters: □ 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; □ other: ____________________________________. 2 Do you have any additional information, other than the Capacity Assessment Report, about why the adult needs a guardian? 3 What types of decisions about personal matters for the proposed represented adult are expected to come up in the next year? [Only list the types of decisions that relate to the personal matters noted in item 1 above] 4 What types of decisions about personal matters for the proposed represented adult are expected to come up in the next five years? [Only list the types of decisions that relate to the personal matters listed in item 1 above] 5 How do you plan to involve the proposed represented adult in making decisions? 6 How do you plan to inform the represented adult about the decisions that you make as a guardian? 7 After you are appointed, how do you plan to encourage the proposed represented adult to become, to the extent possible, able to care for themselves and able to make decisions about personal matters? 8 The Adult Guardianship and Trusteeship Act says that decisions of a guardian must be made in the best interests of a represented adult and consideration must be given to (i) any wishes known to have been expressed by the adult while the adult had capacity, and (ii) any values and beliefs known to have been held by the adult while the adult had capacity. (a) Describe any known values and beliefs of the proposed represented adult that you will take into consideration when making decisions in their best interests? (b) How do you plan to ensure your future decisions as a guardian are in the best interests of the proposed represented adult? 9 If more than one person is appointed as a guardian for the proposed represented adult, how do you intend to carry out your roles as guardians? . _________________________________________________________________NOTE: This does not apply to alternate guardians — see section 32 of the Adult Guardianship and Trusteeship Act 10 Are there any other issues or comments that you would like to share with the Court. If I am appointed guardian, I agree to bring a review application back to Court on the date identified in the Court Order, if a date was identified. Signature of proposed guardian Date Signature of proposed guardian Date (if more than one guardian is proposed) Signature of proposed alternate guardian Date Signature of proposed alternate guardian Date (if more than one alternate guardian is proposed) AR 219/2009 Sched. 2 Form 32;178/2011;218/2022;36/2026 Form 33 Guardian’s Record of Decisions Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Guardian Annual Record of Decisions (Include only major or important decisions made within your court-ordered areas of authority — e.g. health care, accommodations, etc.) 1 I, (name of guardian) am the guardian for (name of represented adult) . 2 My Guardianship Plan said that during the period (day/month/year) to (day/month/year) , I expected to make the following decisions about personal matters on behalf of the represented adult: 3 During the period (day/month/year) to (day/month/year) , I made the following decisions about personal matters on behalf of the represented adult: Date of Decision Decision Made Comments OR 4 I did not make the decisions that I expected to make as stated in my Guardianship Plan because: Signature(s) of guardian(s) Date AR 219/2009 Sched 2 Form 33;218/2022 Form 34 Trusteeship Plan Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Trusteeship Plan In this form the word “adult” refers to the person for whom an application for a trusteeship order is being made or, if there is already a trusteeship order in place, to the represented adult. 1 Provide the following information for each proposed trustee Last Name (or Corporate Name) First Name Province of Residence (if an individual) 2 Provide the following information for each proposed alternate trustee (if any) Last Name (or Corporate Name) First Name Province of Residence (if an individual) ADULT’S ASSETS AND LIABILITIES Assets 3 Does the adult own any land in Alberta, either as sole owner or co‑owner with someone else? □ Yes * □ No □ Do Not Know *If Yes, complete Schedule 1 4 Does the adult own any mineral titles either as sole owner or co‑owner with someone else? □ Yes * □ No □ Do Not Know *If Yes, complete Schedule 2 5 Does the adult have one or more bank accounts (e.g. chequing account, savings account)? □ Yes * □ No □ Do Not Know * If yes, provide following information for each known account. Financial Institution Estimated balance Joint Account? Other Joint Holder’s Name and Relationship to Adult □ yes □ no □ yes □ no Explain your plan for taking control of funds in the accounts (e.g. close account and transfer funds to a trust account operated by you). For a joint account, indicate how you will identify and protect the adult’s share of the funds. 6 Does the adult have one or more tax sheltered investment accounts (e.g. RRSP, RRIF, RESP, TFSA or RDSP)? □ Yes * □ No □ Do Not Know *If yes, provide the following information for each known account. Type (e.g. RRSP) Issuer (Financial Institution the account is with) Estimated Value Designated Beneficiary (if known) Briefly explain your plan for dealing with the adult’s tax sheltered accounts (e.g. leave funds in registered account(s) unless it is necessary to withdraw funds to provide for the adult’s support and care). 7 Does the adult have one or more non-tax sheltered investment accounts (e.g. GIC, term deposit, brokerage account, savings bonds, mutual funds, segregated accounts, life insurance with cash value)? □ Yes * □ No □ Do Not Know * If yes, provide following information for each known account. Financial Institution Estimated value Joint Account? Other Joint Holder’s Name and Relationship to Adult □ yes □ no □ yes □ no Briefly explain your plan for taking control of assets in such investment accounts (e.g. close account and transfer assets to a trust account operated by you on behalf of the adult). For a joint account, indicate how you will identify and protect the adult’s share of the account. 8 Does the adult own other financial assets? Examples of other financial assets that an adult might own include cash on hand; account at a residential facility; shares in private companies or partnerships; security certificates held outside of a brokerage account (e.g. in a safety deposit box); shareholder loans; private loans made by the adult (e.g. to family members or friends); an interest in a trust or in a deceased person’s estate. □ Yes * □ No □ Do Not Know *If Yes, provide the following information about other known financial assets. Description Estimated Value Briefly explain your plan for taking control of, realizing or protecting such financial assets. 9 What other types of assets with significant monetary value does the adult own? Type of Property Yes No Not Known Estimated Value Other information (if any) Vehicles, mobile homes, boats □ □ □ Household effects and furnishings □ □ □ Valuables (e.g. jewelry, collectibles) □ □ □ Farm machinery, livestock, crops, etc □ □ □ Tools, equipment, business inventory □ □ □ Other □ □ □ Briefly explain your plan for taking control of such property and your plan for dealing with any property that is no longer required for the adult’s own use. For example, what will you do with a car that the adult no longer requires for their own use (e.g. sell it, store it)? You may describe a specific plan for dealing with property that you know the adult owns but no longer requires for their own use. Alternatively, or in addition, you may describe generally how you will evaluate available options (e.g. storing, renting, selling) for dealing with property no longer required for the adult’s own use. Liabilities 10 Does the adult currently owe money to anyone (e.g. mortgage loans, personal loans, credit card balances, outstanding taxes)? □ Yes* □ No □ Do Not Know *If Yes, provide details below Type of debt (e.g. personal loan) Estimated Amount* Name of Creditor Other information, including name of any other person jointly responsible for debt Briefly explain your plan for dealing with the adult’s debts. ADULT’S INCOME AND EXPENSES Income 11 What is the adult’s estimated monthly income from all sources? * $ * You may use the worksheet in Schedule 3 as a guide for estimating the adult’s monthly income. 12 Do you anticipate any substantial change (increase or decrease) in the amount of the adult’s monthly income? □ Yes* □ No □ Do Not Know *If Yes, provide details below. 13 Are you sure that the adult is currently receiving (or that application been made for) all benefits (e.g. pension payments, disability benefits, veterans’ benefits) for which they may be eligible? □ Yes □ No* *If No, explain how you plan to ensure the adult is receiving all benefits for which they are eligible. Expenses 14 What is the adult’s estimated average monthly expenditure?* * You may use the worksheet in Schedule 4 as a guide for estimating the adult’s expenditures. 15 Do you anticipate any substantial change (increase or decrease) in the amount of the adult’s monthly expenditures? □ Yes * □ No □ Do Not Know *If Yes, provide details below. 16 Do you anticipate having to make any substantial non-recurring expenditure(s) (e.g. one-time purchases) on the adult’s behalf? □ Yes * □ No □ Do Not Know *If Yes, describe the purpose and amount of anticipated expenditures below. 17 Do you expect the adult’s income to be sufficient to cover all expenditures required for their education, support and care? □ Yes □ No* *If No, explain your plan for dealing with the anticipated shortfall of income versus expenditures (e.g. by using the adult’s savings or by selling assets no longer required for the adult’s own use to help pay for required expenditures). Administration of Adult’s Financial Matters 18 Are there any financial matters that require immediate attention if you are appointed trustee? □ Yes * □ No □ Do Not Know *If Yes, provide details of the matters requiring attention and explain your plan for dealing with them. 19 Is the Court being requested to give exclusive authority over certain matters to one of two or more trustees? □ Yes* □ No □ Not Applicable: There will be only one trustee *If Yes, identify the trustee who would be given exclusive authority and the matters with respect to which the trustee would be given exclusive authority, and explain the reason for your request. 20 Is the Court being requested to allow each of two or more trustees to act separately, rather than jointly? □ Yes* □ No □ Not Applicable: There will be only one trustee *If Yes, explain the reason for your request. 21 As trustee you must make investment decisions in accordance with sections 2, 3, 33, except subsection (4)(b), 34 to 38 and 51 to 57 of the Trustee Act , subject to a contrary intention expressed in the trusteeship order or trusteeship plan approved by the Court. Are you requesting the Court’s advance approval of a specific investment decision or investment plan (e.g. to retain specific financial assets the adult already owns)? □ Yes * □ No *If Yes, describe below or in a separate schedule the specific investment decision(s) or investment plan for which you are requesting the Court’s advance approval. □ See attached schedule. 22 Do you plan to set up or maintain an account for the adult at a residential facility into which you will deposit money to be used to pay for incidental expenses incurred by the adult?* □ Yes * □ No □ Do Not Know *If you do set up or maintain such an account, you must ensure that payments out of the account are properly documented by the facility. 23 Are you requesting the Court’s authority to permit the adult to open or maintain a deposit account at a financial institution, into which you would deposit funds and from which the adult could make withdrawals or payments without your involvement? □ Yes* □ No *If Yes, provide the following information: Proposed maximum monthly deposit $ Proposed maximum balance $ 24 You must hold money and other financial assets of the adult in an account(s) that identifies the adult as the sole beneficial owner of the funds or assets in the account, unless the Court specifically authorizes you to do otherwise. Are you requesting the Court to authorize you to hold any money or other financial assets of the adult otherwise than in an account that identifies the adult as the sole beneficial owner? □ Yes* □ No *If Yes, describe the proposed arrangement for which you are requesting the Court’s authority and explain why it would be appropriate for the Court to give you the requested authority. 25 You must keep property of the adult separate from your own property unless the Court specifically permits you to do otherwise. Are you requesting the Court to authorize you to keep certain property of the adult together with your own property?* □ Yes* □ No *If Yes, describe the property and explain why it would be appropriate to keep the adult’s property together with your own property. Use of Adult’s Property for Benefit of Others 26 Will you make any payment, loan or gift from the adult’s property to yourself? □ Yes* □ No *If Yes, provide details of the proposed payment, loan or gift and explain why it would be appropriate for you to make it. 27 Will you make any payment, loan or gift from the adult’s property to a person you live with or to a person (other than the adult) to whom you are related or to a business or corporation in which you have a substantial financial interest? □ Yes* □ No *If Yes, provide details of the proposed payment or loan and explain why it would be appropriate for you to make it. 28 Are you requesting the Court’s authority to make payments or expenditures from or use the adult’s property for the benefit of any other person? □ Yes* □ No *If Yes, explain why it would be appropriate for the Court to authorize the proposed payments, expenditures or use. Other Matters 29 An individual trustee or alternate trustee who is not a resident of Alberta must provide a bond or other form of security (collateral) unless the Court dispenses with this requirement. Are you requesting that the Court dispense with the requirement for a non‑resident trustee or a non‑resident alternate trustee to provide a bond or other form of security?
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Adult Guardianship and Trusteeship Regulation — segment 7
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Adult Guardianship and Trusteeship Regulation — segment 7
AI-assisted research summary: A trustee generally cannot sell or mortgage land, or lease it for more than 3 years, unless the trusteeship order allows it.
□ Yes* □ No *If yes, explain why it would be in the adult’s best interest for the Court to dispense with a bond or security, and describe any alternative safeguard you are proposing. 30 Has the adult made a will? □ Yes* □ No □ Do Not Know** *If Yes, briefly describe how you plan to safeguard the adult’s will and to perform your duties as trustee taking into account the adult’s testamentary intentions. **If you do not know, briefly describe the steps you will take to find out. 31 Does the adult have a safety deposit box? □ Yes* □ No □ Do Not Know** *If Yes, explain your plan for dealing with the safety deposit box and its contents. **If you do not know, briefly describe the steps you will take to find out. 32 Are there any outstanding tax matters (e.g. unfiled tax returns) for you to deal with on the adult’s behalf? □ Yes □ No □ Do Not Know Briefly explain your plan for dealing with outstanding tax matters of the adult, if any, and for dealing with future tax matters on the adult’s behalf. 33 Is the adult involved in any ongoing legal proceedings relating to property or financial matters? □ Yes* □ No □ Do Not Know *If Yes, briefly describe the proceedings and your plan for protecting the adult’s interests in them. 34 Trustees may elect to be compensated in accordance with the compensation schedule in the regulations, or may choose to ask the Court to determine compensation at a later date, or may choose not to receive compensation. Indicate your choice with respect to compensation below. □ I elect to be compensated in accordance with the compensation schedule in the regulations.* □ I am requesting the Court to approve compensation in accordance with a compensation plan attached to this trusteeship plan as Schedule □ □ I will ask the Court to determine my compensation at a later date. □ I choose to not receive compensation for acting as trustee.** *If you elect to be compensated in accordance with the schedule in the regulations, you may only take compensation when authorized to do so by the Court. ** If you forego compensation you will still be entitled to reimbursement for direct expenses incurred and disbursements made on the adult’s behalf. 35 If there is any other information about your plans for managing the adult’s financial matters that you wish to bring to the attention of the Court, you may provide the information below. Each proposed trustee must sign below Name (Printed) Signature Date Signed Schedule 1 — Real Property (Land) Complete this schedule if the adult owns real property (land) in Alberta. If the adult owns more than one property, provide the indicated information for each property owned by the adult. City /Town / Municipality Municipal Address or Legal Description The adult is: □ Sole owner □ Co‑owner with someone else — Provide details below Co‑ownership details (if applicable) □ Joint ownership (with right of survivorship) □ Tenancy in common Name(s) of co‑owner(s) and relationship to adult Type of Property and Current Use (check all that apply) □ Residential □ Adult’s residence □ Agricultural □ Co‑owner’s residence □ Vacant □ Rented at fair market value □ Other type or use (Describe) Valuation Estimated Market Value $ Mortgage Amount $ YOUR PLAN FOR THIS PROPERTY What is your plan for this property? □ Keep as the adult’s residence □ Sell* □ Rent at fair market value* □ Other *(describe): * As trustee you will have no authority to sell or mortgage land or to lease land for a term in excess of 3 years, unless the trusteeship order authorizes you to do so. If such authority is requested, an affidavit must be filed explaining why the proposed transaction is in the adult’s best interest. Schedule 2 — Mineral Titles Complete this schedule if the adult owns any freehold mineral titles in Alberta. If the adult owns more than one mineral title, provide the indicated information for each title owned by the adult. Legal Description, including fractional interest (e.g. 1/4) The adult is: □ Sole owner □ Co‑owner with someone else — Provide details below Co‑ownership details (if applicable) □ Joint ownership (with right of survivorship) □ Tenancy in common Name(s) of co‑owner(s) and relationship to adult Current status □ Leased Monthly lease income: $ □ Subject to pooling order Monthly income, if any $ □ Not leased or subject to pooling order Valuation Estimated Market Value $ OR □ Unknown YOUR PLAN FOR THIS PROPERTY What is your plan for the mines & minerals? □ Continue to receive income under current lease or pooling orde r □ Lease* □ Other* (Describe) * As trustee you will have no authority to sell land (including minerals), grant a lease for a term in excess of 3 years, or encumber (e.g. mortgage) land unless the trusteeship order authorizes you to do so. If such authority is requested, an affidavit must be filed explaining why the proposed transaction is in the adult’s best interest. Schedule 3 — Income Worksheet This worksheet may be used to help estimate income for the purposes of completing item 11. You are not required to submit this worksheet as part of the trusteeship plan. Source of Income Estimated Monthly Amount Assured Income for the Severely Handicapped (AISH) Income Support Old Age Security (OAS) Program Pension Guaranteed Income Supplement Spouse / Partner allowance Survivor Allowance Alberta Seniors Benefit Canada Pension Plan (CPP) Retirement Pension Disability Benefits Survivor Benefits Veteran’s Pension Employment Pension Plan Retirement Pension Disability Benefits Survivor Benefits Other Disability Pension Workers Compensation Payments Life Annuity (issued by insurance company) Investment income (e.g. RRSP, RRIF, dividends, interest) Rental income Employment Income Self-employment income Spousal / partner support (e.g. under court order or agreement) Other (describe): Estimated Total Monthly Income Schedule 4 — Expenditures Worksheet This worksheet may be used to help estimate expenses for the purposes of completing item 14. You are not required to submit this worksheet as part of the trusteeship plan. Expenditure Type Estimated Monthly Amount Home ownership expenses Mortgage payment Utilities Repairs & maintenance Property taxes Accommodation, food and care in residential facility Rent payments or other accommodation costs not included above Food not included above Prescriptions not included above Personal care not included above Recreation and entertainment Travel (including local travel) Education and training Insurance Life General (e.g. household) Other: Spousal / Partner or child support (e.g. under court order or agreement) Income tax Payments on existing debts (e.g. mortgage loan, personal loan, credit card) Other recurring expenditures not included above Estimated Total Recurring Expenses: AR 219/2009 Sched 2 Form 34;37/2010;178/2011;83/2020;209/2022;218/2022; 22/2024;36/2026 Form 35 Trusteeship Plan (Public Trustee) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Trusteeship Plan In this form the word “adult” refers to the person for whom an application for a trusteeship order is being made or, if there is already a trusteeship order in place, to the represented adult. 1 Briefly describe the Public Trustee’s approach to administering land (including mines and minerals, where applicable) owned by a represented adult for whom the Public Trustee is appointed trustee, including how the Public Trustee decides whether to sell land owned by a represented adult. 2 Briefly describe the Public Trustee’s approach to taking control of funds in bank accounts owned by the adult, including how the Public Trustee identifies and protects the adult’s share of joint bank accounts. 3 Briefly describe the Public Trustee’s approach to dealing with tax sheltered accounts (e.g. RRSP, RRIF, RESP, TFSA, RDSP) of the adult. 4 Briefly describe the Public Trustee’s approach to taking control of assets in other ( non-tax sheltered) investment accounts (e.g. GIC, term deposit, brokerage account, savings bonds, mutual funds, segregated accounts, life insurance with cash value), including how the Public Trustee identifies and protects the adult’s share of joint investment accounts. 5 Briefly describe the Public Trustee’s approach to taking control of, realizing or protecting other financial assets owned by an adult (e.g. cash on hand; account at a residential facility; shares in private companies or partnerships; security certificates held outside of a brokerage account; shareholder loans; private loans made by the adult; interest in a trust or in a deceased person’s estate). 6 Briefly describe the Public Trustee’s approach to taking control of other assets of significant monetary value and dealing with assets that are no longer required for the adult’s own use (e.g. storing, renting, selling) 7 Briefly describe the Public Trustee’s approach to dealing with the adult’s debts and liabilities (e.g. mortgage loans, personal loans, credit card balances, outstanding taxes). 8 Briefly describe the Public Trustee’s approach to ensuring that the adult is receiving all benefits (e.g. pension payments, disability benefits, veterans’ benefits) for which they may be eligible. 9 Briefly describe the Public Trustee’s approach for dealing with any shortfall of income versus expenditures (e.g. by using the adult’s savings or by selling assets no longer required for the adult’s own use to help pay for required expenditures). 10 Is the Court being requested to give exclusive authority over certain financial matters to the Public Trustee as one of two or more trustees? □ Yes* □ No □ Not Applicable: There will be only one trustee *If Yes, identify the matters with respect to which the Public Trustee would be given exclusive authority. 11. Briefly describe the Public Trustee’s approach to investing the adult’s money available for investment. 12. Briefly describe the Public Trustee’s approach to setting up or maintaining an account for the adult at a residential facility into which the Public Trustee would deposit money to be used to pay for incidental expenses incurred by the adult. 13 Is the Public Trustee requesting the Court’s authority to permit the adult to open or maintain a deposit account at a financial institution, into which the Public Trustee would deposit funds and from which the adult could make withdrawals or payments without the Public Trustee’s involvement? □ Yes* □ No *If Yes, provide the following information: Proposed maximum monthly deposit $ Proposed maximum balance $ 14 Is the Public Trustee requesting the Court to authorize the Public Trustee to hold any money or other financial assets of the adult otherwise than in an account that identifies the adult as the sole beneficial owner? □ Yes* □ No *If Yes, describe the proposed arrangement for which the Public Trustee is requesting the Court’s authority and explain why it would be appropriate for the Court to give the Public Trustee the requested authority. 15 Briefly describe the Public Trustee’s approach to finding out whether the adult has a last will and, if the adult does have a will, the Public Trustee’s approach to safeguarding the will and performing the Public Trustee’s duties as trustee taking into account the adult’s testamentary intentions. 16 Briefly describe the Public Trustee’s approach to protecting the adult’s interests in legal proceedings that may arise in relation to the adult’s financial matters. 17 If there is any other information about the Public Trustee’s approach to managing an adult’s financial matters that the Public Trustee wishes to bring to the attention of the Court, provide it below. Signature of Authorized Representative Name of Authorized Representative Date Signed Title of Authorized Representative AR 219/2009 Sched 2 Form 35;218/2022;36/2026 Form 36 Statement of Transactions (Optional Prescribed Form) Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Applicant Document Statement of Transactions I, Trustee Name Trustee Address and I Trustee Name Trustee Address trustee for the adult, swear or affirm that this statement of transactions accurately discloses and describes all transactions relating to my duties as trustee for the adult for the accounting period from to Start Date End Date I have personal knowledge of the facts and matters referred to in this statement of transactions except where stated to be based on information and belief. 1 — Bank A ccount Transactions Financial Institution Account No. Account Type Date YYYY/MM/DD Reference No. Transaction Description Transaction Amount Balance Payment, Fee, Withdrawal (-) Deposit (+) Balance Forward 2 — Investment A ccount Transactions Financial Institution Account No. Account Type Tran Date YYYY/MM/DD Transaction Description (e.g. sell 100 shares of XYZ Inc. at $20/share) Amount Received / Transferred In (+) Amount Paid / Transferred Out (-) 3 — Other Transactions No. Date YYYY/MM/DD Description of transaction including estimated market value of property Name of other Party Authority, if Gift Sworn or affirmed before me at ) Alberta, on ) SIGNATURE ) ) NAME A Commissioner for Oaths in the Province of Alberta ) ) SIGNATURE ) PRINT NAME AND EXPIRY/LAWYER/ STUDENT‑AT‑LAW ) NAME AR 219/2009 Sched 2 Form 36;96/2010;218/2022 Form 37 Inventory Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (the “ adult ”) Applicant Document Inventory I, of Trustee name Trustee address and I, of Trustee name Trustee address trustee(s) for the adult, swear or affirm that this inventory accurately discloses and describes the adult’s financial position as of this date: (dd/mm/yyyy) I have personal knowledge of the facts and matters referred to in this inventory except where stated to be based on information and belief. Summary Value of adult’s assets and liabilities Amount Line Land (net of mortgages) Schedule A, Line A1 1 Financial assets Schedule B, Line B3 2 Other assets Schedule C, Line C3 3 Total assets Add Lines 1, 2 and 3 4 Total liabilities (excluding mortgages on land) Schedule D, Line D1 5 Adult’s net financial position Line 4 minus Line 5 6 Adult’s average monthly income and expenses Amount Average monthly income Schedule E, Line E1 7 Average monthly expenditures Schedule F, Line F1 8 Average monthly income surplus (deficiency) Line 7 minus Line 8 9 Schedule A — Land Owned by Adult Land owned by the adult could include any combination of the following: ● residential property (e.g. a house, condominium, cottage), agricultural land, commercial or industrial property, vacant land; ● mineral title (ownership of minerals on or under land); ● land owned solely by the adult or owned by the adult as co‑owner with someone else (as joint owners or tenants‑in‑common) Does the adult own any land? □ Yes Enter the number of different properties the adult owns, either solely or as co‑owner: □ No Enter $0 in Line A1 below. □ Unknown Enter $0 in Line A1 below. Total net value of adult’s interest in land * * This is the total of the adult’s share of the net value of all land owned by the adult. It is calculated based on the information entered below for each property owned by the adult. Line A1 $ ________________ Provide details for each property owned by the adult: Municipal address (if applicable) __________________________________________________ Legal description of land or property __________________________________________________ Co‑owner’s name and relationship to adult (if applicable) (Name) (Relationship) Total market value of property: $__________________ Amount owed on mortgage or other encumbrance: $______________ Net value of property: $______________ Adult’s ownership share of property: % Adult’s share of net property value: $ Basis of valuation □ Recent valuation by accredited appraiser Date of valuation: (dd/mm/yyyy) □ Most recent municipal assessment □ Other (describe) _________________ A current copy of the certificate of title for this land is attached as an exhibit (A, B, C, etc.). □ Yes ( Exhibit ______) □ No □ N/A Schedule B — Financial Assets Owned by Adult Type Value Line Accounts held at financial institutions Schedule BA, Line BA1 $ B1 Other financial assets Schedule BB, Line BB1 $ B2 Total value of adult’s Financial Assets $ B3 Schedule BA — Accounts Held at Financial Institutions Provide details of financial assets held in accounts with financial institutions, including bank accounts (e.g., chequing accounts, savings accounts) and investment accounts (e.g., RRSPs, RDSPs, RIFs, TFSAs). Include accounts that are owned solely by the adult AND accounts that are owned jointly by the adult with someone else. If a financial asset owned by the adult is held outside of a financial institution (e.g., cash or security certificates held in a safety deposit box), it should be recorded in Schedule BB (Other Financial Assets). Financial institution Partial account ID (last 4 digits of account no.) Joint owner’s name and relationship to adult (if applicable) Account type Value/balance of account ($) Adult’s share (%) Adult’s share ($) Line Total value of adult’s share of accounts held at financial institutions $ BA1 Are you providing a copy of a current statement for each account? If so, attach as exhibits (A, B, C, etc.). □ Yes (Exhibit ______) □ No Schedule BB — Other Financial Assets Provide details of any financial assets owned by the adult that are not included in schedule BA. This could include, for example: ● cash on hand or balance in an account maintained for the adult’s use with a residential facility, ● guaranteed accounts, ● safety deposit boxes, ● security certificates (e.g., share certificates, gross royalty trust certificates, savings bonds) not held in an investment account, ● shareholder loans to private corporations, ● shares in private corporations, ● interest in a partnership or a sole proprietorship, ● interest in a trust or in a deceased person’s estate, ● interest in an ongoing or potential lawsuit (e.g., personal injury claim), or ● private debts owed to the adult. Description and location Valuation basis Value Line Total value of adult’s other financial assets $ BB1 Schedule C — Other Assets This schedule should include all property owned by the adult that is of significant monetary value and is not included in any other schedule. Examples of other types of property that might be owned by the adult and included in this schedule include: ● Farm assets (e.g., equipment, tools, livestock, crops, seed, quotas), ● Business assets (e.g., equipment, inventory), ● Household and personal effects, or ● Motor vehicles (e.g., cars, trucks, motorcycles, recreational vehicles, off‑road vehicles, snowmobiles). Include an item or a distinct set of items (e.g., a coin collection) only if the estimated market value of the item or set is at least $1,000 . For estimated value, give the estimated amount for which the property could be sold to an arm’s‑length purchaser. If the adult owns property that has significant monetary value, but it is not currently possible to give a reasonable estimate of its market value, describe the property and indicate “1.00” as its estimated market value. Description (include as much detail as possible) Estimated Market Value Line $ $ Total estimated market value of adult’s assets $ C1 Schedule D — Liabilities This schedule should include all money owed by the adult, other than loans secured by mortgages against land. It includes, for example, credit card debts, personal loans, car loans, lines of credit and ongoing or potential lawsuits against the adult. Include any liabilities in respect of which the adult has a co‑debtor, that is, someone who is also legally responsible for the debt. State the total amount owing on the loan, not the amount of the monthly payment, if any. Creditor Account no. Description of liability Co‑debtor (if applicable) Amount owed Line $ $ Adult’s total liabilities (excluding encumbrances on land) $ D1 Schedule E — Income For each of the adult’s sources of income, indicate the average monthly amount received. If the adult receives income from a source at non-monthly intervals (e.g., quarterly), convert the payments to an equivalent monthly amount. Source of income Average monthly amount Line Assured Income for the Severely Handicapped (AISH)/ Income Support $ Alberta Seniors Benefit $ Old Age Security (OAS)/Guaranteed Income Supplement $ Canada Pension Plan (CPP) (e.g., retirement pension, survivor’s pension, disability benefit) $ Private pension $ Foreign pension $ Workers’ compensation payments $ Life annuity (issued by insurance company) $ Investment income (e.g., interest, dividends, distributions) $ Employment income $ Spousal/partner/child support received $ Spousal/survivor allowance $ Other (describe) $ Estimated total monthly income $ E1 Schedule F — Expenses For each type of expense incurred by the adult, indicate the average monthly amount of each type of expense incurred. If an expense is incurred irregularly or at non‑monthly intervals (e.g., quarterly), convert the payments to an equivalent average monthly amount. Expenditure type Average monthly amount Line Mortgage payment (including both principal and interest portion) $ Utilities $ Property maintenance $ Property taxes $ Condominium fees $ Accommodation fees in a care facility $ Rent or room and board $ Food (not included above) $ Prescriptions (not included above) $ Caregiver and companionship expenses $ Adult’s personal spending $ Vehicle expenses (e.g., gas, maintenance, insurance) $ Other transportation and travel expenses $ Education and training $ Storage charges for adult’s property $ Insurance $ Spousal/partner/child support paid $ Other (describe) $ Total average monthly expenses $ F1 Sworn or affirmed before me on ) __________________, 20____, ) at ________________, Alberta ) __________________________ Notary Public/Commissioner for Oaths in and for Alberta ) ) ) _______________________________ Signature AR 219/2009 Sched 2 Form 37;96/2010;83/2020;218/2022 Form 38 Overview of Trusteeship Accounts Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (the “ adult ”) Applicant Document Overview of Trusteeship Accounts I, , of , Trustee name Trustee address and I, , of , Trustee name Trustee address trustee(s) for the adult, swear or affirm that this overview of trusteeship accounts provides an accurate overview of trusteeship accounts for the accounting period from: (start date) to (end date) . I have personal knowledge of the facts and matters referred to in this overview of trusteeship accounts except where stated to be based on information and belief. The start date is the date as of which the adult’s financial position was most recently reported to the Court, which occurred in the following context: □ Filing of initial inventory when I became the adult’s trustee □ Application to pass accounts under the Dependent Adults Act (“DAA”) □ Filing of accounts with clerk and approval by Court in form filed under DAA □ Filing of summary accounting statement under DAA □ Application for examination and approval of trustee’s accounts under the Adult Guardianship and Trusteeship Act □ Other (describe): ______________________________________________ 1 Summary of Start Date and End Date Financial Position Adult’s assets and liabilities (debts) Start date End date Land (net of mortgages) Financial assets Other assets Total assets Total liabilities (excluding mortgages on land) NET FINANCIAL POSITION For start date income and expenditures, use amounts previously reported to the Court. For end date income and expenditures, use the average for the 12 months immediately preceding the end date. Adult’s monthly income and expenditures Start date End date Average monthly income from all sources Average monthly expenditures for all purposes Average monthly surplus (deficit) 2 Summary of Assets and Liabilities as of End Date Land (including mineral titles, if any) Description Total market value of property ($) Amount owed on mortgage or other encumbrance ($) Net value of property ($) Adult’s ownership share of property % Adult’s share of net property value ($) Adult’s total share of net property value Financial assets Amount Total value of adult’s share of accounts held at financial institutions Total value of adult’s other financial assets (e.g. guarantee account, cash, private company shares, private debts) Total financial assets Other assets Amount Total estimated market value of adult’s other assets (e.g., motor vehicles, farm assets, business assets, personal and household effects) Total other assets TOTAL ASSETS Liabilities (other than encumbrances on land) Name of creditor Description of loan or liability Amount TOTAL LIABILITIES 3 Summary of Receipts and Disbursements □ A statement summarizing the receipts and disbursements is attached as Exhibit ______. Start date balance $ Receipts Pension and program benefits (describe sources) Source $ Source $ Source $ Employment or self‑employment earnings $ Rental income $ Spousal/partner/child support received $ Proceeds received from sale of property $ Bank interest received $ Transfers from other financial asset accounts $ Other receipts $ Total receipts $ Payments and transfers Land ownership payments (e.g., mortgage, taxes) $ General expenditures for adult’s benefit Paid to residential facility $ Other accommodation expenses (e.g., rent) $ Other food expenses $ Other personal care and companionship expenses $ Advances to adult for personal use $ Recreation expenses $ Vehicle, transportation and travel expenses $ Insurance premiums $ Income tax paid $ Payments on debts (e.g., personal loans, credit cards) $ Spousal/partner/child support paid $ Property purchased for adult $ Gifts and donations made $ Bank charges paid $ Transfers to other financial asset accounts $ Reimbursement of guardian’s expenses $ Trust administration expenses $ Trustee compensation taken $ Other payments $ Total payments and transfers $ End date balance $ 4 Summary Reconciliation of Other Assets and Liabilities Note: Provide details of any increase or decrease in the following categories. The end date net values in the tables below should match the values that have been entered into the Inventory (Form 37). An insufficient explanation of changes may delay the approval of your accounts or cause the Court not to approve your accounts as submitted. Land — net value of adult’s interest Start date net value End date net value Change during period $ $ $ Financial assets — value of adult’s interest $ $ $ Other assets — value of adult’s interest $ $ $ Liabilities — amounts owed by adult (excluding mortgages on land) $ $ $ 5 Other Matters During the accounting period, has the trustee or any member of the trustee’s family (other than the represented adult) received any benefit as a result of the exercise of the trustee’s authority or made any personal use of the adult’s property? □ No □ Yes. Details of the benefit or use:___________________________________ 6 Proposed Compensation Note: If there are two or more trustees who have elected to be compensated in the trusteeship plan, the total compensation must be shared between the trustees. □ Not applicable. I choose not to receive compensation for acting as a trustee for this accounting period. □ I am proposing compensation be determined on a basis other than the prescribed schedule. Details: _____________________________________________________________ □ Yes. I propose that compensation be calculated in accordance with the compensation schedule set out in the regulations as follows: Compensation calculation category Category amount for period Compensation Compensation amount Money received by trustee during accounting period $ 2.5% $ Payments made by trustee during accounting period $ 2.5% $ Total compensation claimed for period $ Sworn or affirmed before me on ) __________________, 20____, ) at ________________, Alberta ) __________________________ Notary Public/Commissioner for Oaths in and for Alberta ) ) ) _______________________________ Signature AR 219/2009 Sched 2 Form 38;96/2010;83/2020;218/2022;22/2024 Form 39 Notice of Application and Hearing Court File Number Court Court of King’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 requesting the Court to order the following: concisely what the Court is being asked to do on the application> 2 The application will be heard by a judge of the Court of King’s Bench of Alberta: Date: Time: Place: 3 The reasons for the application are as follows: concisely the factual basis of the application > 4 The application is made under or relies on the provisions of the following acts and regulations: Name of Act or Regulation Section Number(s) □ Adult Guardianship and Trusteeship Act □ Adult Guardianship and Trusteeship Regulation 5 The following persons other than the applicant or the adult are likely to be directly affected if the Court makes an order or gives a direction requested in this application. Name or title Capacity in which the person would be affected (e.g. co-decision-maker, guardian, trustee, agent, attorney) 6 The applicant will serve this notice of this application on the following persons: Name or Title Capacity in which served (e.g. co-decision-maker, guardian, trustee, agent, attorney) □ The adult The adult □ Review officer Review officer (only if required by AGTA regulation) 7 The applicant will request the Court to dispense with service of notice of this application on the following persons who would otherwise be required to be served: Name or Title Capacity in which required to be served (e.g. co-decision-maker, guardian, trustee, agent, attorney) 8 The following documents are filed in support of this application. 9 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: 10 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 39;164/2010;178/2011;218/2022 Form 40 Affidavit of Service Court File Number Court Court of King’s Bench of Alberta (Surrogate Matter) Judicial Centre Full name of the person whom the application is about (“the adult ”) Document Affidavit of Service An affidavit of service must be made by someone with firsthand personal knowledge of the facts. The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the facts. 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 The following documents, copies of which are attached as exhibits to this affidavit, were served on or sent to the persons indicated below. Document Description Exhibit Letter 2 The following additional documents (e.g. evidence of receipt of documents sent by recorded mail, fax confirmation receipt, e-mail reply) are also attached as exhibits to this affidavit. Document Description Exhibit Letter Documents Served on Adult 3 I served the documents indicated below by leaving a copy of each document with the adult at on Address where service effected Date service effected The documents served on the adult were as follows: Exhibit Exhibit Exhibit Exhibit Exhibit Documents Served on Review Officer 4 I served the documents indicated below on a review officer at on Address where service effected Date service effected □ by leaving copies of the documents at the above address □ by sending copies of the documents to the above address by recorded mail, as evidenced by Exhibit ___ □ by , as evidenced by Exhibit The documents served on the review officer were as follows: Exhibit Exhibit Exhibit Exhibit Exhibit Documents Served on Other Persons 5 I served the following documents — Exhibit Exhibit Exhibit Exhibit Exhibit — on each of the persons and in the manner identified below: on as Name of Person Served Position (e.g. guardian) at on Address where Service Effected Date Service Effected □ by leaving copies of the documents with the person □ by sending copies of the documents by recorded mail, as evidenced by Exhibit □ by , as evidenced by Exhibit on as Name of Person Served Position (e.g. guardian) at on Address where Service Effected Date Service Effected □ by leaving copies of the documents with the person □ by sending copies of the documents by recorded mail, as evidenced by Exhibit □ by , as evidenced by Exhibit Documents Sent by Ordinary Mail 6 I sent copies of following documents -- Exhibit Exhibit Exhibit Exhibit Exhibit — by ordinary mail to each of the persons identified below: to as Name of Person Relationship to Adult at on Address to which documents sent Date Mailed to as Name of Person Relationship to Adult at on Address to which documents sent Date Mailed 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 AR 219/2009 Sched 2 Form 40;218/2022
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Adult Guardianship and Trusteeship Regulation
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