Adult Guardianship and Trusteeship Regulation (8.5 x 11 coil bound format)

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2009_219.cfm&leg_type=Regs&isbncln=9780779772025&display=html
Published: 2013

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AR 219/2009 ADULT GUARDIANSHIP AND TRUSTEESHIP REGULATION (Consolidated up to 62/2013)
ALBERTA REGULATION 219/2009
Adult Guardianship and Trusteeship Act
ADULT GUARDIANSHIP AND TRUSTEESHIP REGULATION
Table of Contents
Interpretation
                1       Definitions
                2       Designation of health professions (health care providers)
Part 1 General
Capacity Assessment
                3       Capacity assessment
                4       Conduct of capacity assessments
                5       Capacity assessment report
                6       Designation of health professions
                7       Designation of capacity assessors
                8       Training and continuing competence
                9       Fees
              10       Payment of fees by Crown
Co‑decision‑making, Guardianship and Trusteeship
              11       Evidence of guardian’s or trustee’s death or incapacity
           11.1       Amendment of guardianship plan
              12       Property not subject to trusteeship order
              13       Authority of trustee
              14       Limits on authority to make gifts
              15       Trustee’s accounts
              16       Trustee fee schedule
              17       Results of investigation
Specific Decisions
              18       Right to refuse assessment
              19       Assessment
              20       Communication and assistance
              21       Duty to provide information
              22       Authorization by Public Guardian
              23       Limit on authority
              24       Scope of decisions
              25       Records
              26       Section 96 capacity assessment
Registry
              27       Registry information
              28       Disclosure
              29       Updates and corrections
              30       Accuracy of information
              31       Limit on duties of review officer
              32       Additional duties of Public Guardian
Part 2 Court Applications
              33       Interpretation
Division 1 Co‑decision‑making, Guardianship or Trusteeship
Application for Order Started by Desk Application
              34       Application
              35       Service and notice
              36       Duty of review officer
              37       Request for hearing
              38       Review officer’s report
              39       Filing of application
              40       Powers of Court
              41       Procedure where hearing required
              42       Application by interested person
Application for Order Started by Notice of Application and Hearing
              43       Application
              44       Service and notice
              45       Duty of review officer
              46       Review officer’s report
Review of Co‑decision‑making, Guardianship or Trusteeship Order
Application by Co‑decision‑maker, Guardian or Trustee Started by Desk Application
              47       Application
              48       Service and notice
              49       Duty of review officer
              50       Request for hearing
              51       Review officer’s report
              52       Filing of application
              53       Powers of Court
              54       Procedure where hearing required
Application by Co‑decision‑maker, Guardian or Trustee Started by Notice of Application and Hearing
              55       Application
              56       Service and notice
              57       Duty of review officer
              58       Review officer’s report
Application for Review of Co‑decision‑making, Guardianship or Trusteeship Order by Other Person
              59       Application
              60       Service and notice
Application for Examination and Approval of Trustee’s Accounts
              61       Financial statements
Desk Application
              62       Application
              63       Service and notice
              64       Request for financial statements
              65       Request for hearing
              66       Review officer’s report
              67       Filing of application
              68       Powers of Court
              69       Procedure where hearing required
Application Started by Notice of Application and Hearing
              70       Application
              71       Service and notice
              72       Request for documents
              73       Appointment of Public Trustee to assist
Division 2 Other Court Applications
              74       Opinion, advice or direction of Court
              75       Urgent guardianship or trusteeship order
              76       Order respecting appointment of Public Guardian or Public Trustee
              77       Order to give effect to guardian’s decision
              78       Approval of amendment of trusteeship plan
              79       Order directing trustee to submit accounts
              80       Order authorizing sale of property that is the subject of a bequest
              81       Determination that adult lacks capacity without appointment of trustee
              82       Resealing of foreign orders
              83       Temporary protection order
              84       Order to aid investigation
              85       Review respecting specific decision making
              86       Access to financial information
              87       Order directing capacity assessment
Appeal to Court of Appeal
              88       Notice of appeal
Division 3 General
              89       Withdrawal of consent
              90       Applicant’s duty to obtain information
              91       Date of capacity assessment report
              92       General provisions regarding service
              93       Service in respect of person who has not attained age of majority
              94       Service on review officer
              95       Duplicate service not required
              96       Service or sending of orders
              97       Validity of forms and documents
              98       Additional consents
              99       Protection of sensitive information             100       Costs paid by Crown
            101       Powers of Court
Part 2 Expiry and Coming into Force
            102       Expiry
            103       Coming into force
Schedules
Interpretation
Definitions
1(1)  In this Regulation,
                                 (a)    “Act” means the Adult Guardianship and Trusteeship Act;
                                 (b)    “college” means a college as defined in the Health Professions Act;
                                 (c)    “director”, in respect of a residential facility, means the person in charge of the facility;
                                 (d)    “regulated member” means a regulated member as defined in the Health Professions Act.
(2)  For the purposes of the Act,
                                 (a)    “gift” includes a charitable donation;
                                 (b)    “health profession” means
                                           (i)    the profession of medical practitioners under the Medical Profession Act, and
                                          (ii)    a profession that is regulated by the Health Professions Act;
                                 (c)    “residential facility” means
                                           (i)    a nursing home as defined in the Nursing Homes Act,
                                          (ii)    a place of care for adults who are aged or infirm or who require special care that is licensed under the Social Care Facilities Licensing Act,
                                         (iii)    an approved hospital or auxiliary hospital as defined in the Hospitals Act, and
                                         (iv)    a premises, other than a private residence, in which 4 or more adults who are not related to the operator of the premises are provided with living accommodation, care and supervision;
                                 (d)    “significantly impaired”, in respect of an adult’s capacity to make decisions, means that the adult’s cognitive and adaptive abilities
                                           (i)    are substantially limited as the result of an impairment, including, without limitation, a developmental disability, an organic, degenerative or neurological disease or disorder, an acquired brain injury or a chronic mental illness, and
                                          (ii)    are not so substantially limited that the adult would not have the capacity to make decisions with appropriate guidance and support;
                                 (e)    “temporary admission”, in respect of admission to a residential facility, means admission for a period not exceeding 6 months beginning on the day that a specific decision maker consents to the admission.
(3)  For the purposes of section 85 of the Act, “disposition that has testamentary effect” includes a designation of a beneficiary that is intended to take effect on the death of the represented adult.
(4)  References to an “adult” in the Act and the regulations include a person referred to in section 11(1), 24(1) or 43(2) of the Act where the context requires.
AR 219/2009 s1;37/2010;178/2011
Designation of health professions (health care providers)
2(1)  The following members of health professions are designated for the purposes of the definition “health care provider” in section 1(s) of the Act in respect of Part 3, Division 1 of the Act:
                                 (a)    a person who is registered as a medical practitioner under the Medical Profession Act;
                                 (b)    a nurse practitioner who is a regulated member of the Alberta College and Association of Registered Nurses;
                                 (c)    subject to subsection (2), a dentist who is a regulated member of the Alberta Dental Association and College.
(2)  The designation of a dentist who is a regulated member of the Alberta Dental Association and College is only applicable with respect to health care decisions.
(3)  The following members of health professions are designated for the purposes of the definition “health care provider” in section 1(s) of the Act in respect of Part 3, Division 2 of the Act:
                                 (a)    a person who is registered as a medical practitioner under the Medical Profession Act;
                                 (b)    a nurse practitioner who is a regulated member of the Alberta College and Association of Registered Nurses;
                                 (c)    a registered nurse who is a regulated member of the Alberta College and Association of Registered Nurses.
Part 1 General
Capacity Assessment
Capacity assessment
3(1)  The following apply to capacity assessments:
                                 (a)    a capacity assessment may be conducted only if the need for the capacity assessment has been established;
                                 (b)    an adult has the right to refuse to undergo or to continue with a capacity assessment;
                                 (c)    subject to subsection (4), an adult has the right to have a person present to assist the adult in feeling comfortable and relaxed when undergoing a capacity assessment;
                                 (d)    an adult has the right to have the assistance of an interpreter or the use of a device to assist the adult to communicate in order for the adult to be able to fully demonstrate his or her capacity during the capacity assessment;
                                 (e)    an adult shall be given the opportunity to undergo a capacity assessment at a time when and under circumstances in which the adult will be likely to be able to demonstrate the adult’s full capacity;
                                 (f)    a capacity assessor shall make reasonable efforts to obtain any information that is relevant to the assessment of the adult’s capacity.
(2)  The Minister may establish guidelines for the conduct of capacity assessments.
(3)  In establishing guidelines for the conduct of capacity assessments, the Minister shall consult with the colleges of the health professions whose members are or may be designated as capacity assessors under section 7.
(4)  A person who is present at a capacity assessment for the purpose of assisting the adult to communicate or to feel comfortable and relaxed
                                 (a)    shall comply with any directions of the capacity assessor, and
                                 (b)    may be asked to leave by the capacity assessor if the person does not comply with a direction under clause (a).
Conduct of capacity assessments
4(1)  A capacity assessment relating to co‑decision‑making, guardianship or trusteeship must be conducted in accordance with this section, section 3 and any guidelines established by the Minister under section 3.
(2)  Before conducting a capacity assessment, a capacity assessor shall
                                 (a)    ensure that he or she has been advised of the reasons why the capacity assessment has been requested and has been provided with a description of any event that gave rise to the request for a capacity assessment,
                                 (b)    obtain confirmation that a medical evaluation of the adult was conducted within the 3‑month period preceding the capacity assessment and that the results of the evaluation did not indicate that the adult was suffering from a reversible temporary medical condition that appeared likely to have a significant impact on the adult’s capacity to make a decision about personal matters or financial matters, and
                                 (c)    make reasonable efforts to
                                           (i)    meet with the adult in person, and
                                          (ii)    unless the level of consciousness of the adult is non‑responsive, explain to the adult
                                                  (A)    the purpose and nature of the capacity assessment,
                                                  (B)    that the adult has the right to refuse to
                                                            (I)    undergo the capacity assessment, or
                                                          (II)    continue with the capacity assessment at any point during the capacity assessment,
                                                  (C)    that the adult has the right to have a person present to assist the adult in feeling comfortable and relaxed when undergoing the capacity assessment,
                                                  (D)    that the adult has the right to have the assistance of an interpreter or the use of a device to assist the adult to communicate in order to be able to fully demonstrate the adult’s capacity during the capacity assessment, and
                                                  (E)    the significance and effect of a finding that the adult does not have the capacity to make a decision respecting personal matters or financial matters,
                                         (iii)    unless the level of consciousness of the adult is non‑responsive, ask the adult if there have been any significant changes recently in his or her beliefs and values related to making decisions about the matters being assessed, and
                                         (iv)    determine whether it is necessary for the adult to have or whether the adult is requesting the assistance of a person or the use of any device to undergo the capacity assessment, including, without limitation,
                                                  (A)    the assistance of an interpreter or device to communicate, or
                                                  (B)    the assistance of a person to be comfortable and relaxed.
(3)  A capacity assessor may conduct a capacity assessment only if the adult has not refused to undergo or continue with the capacity assessment and,
                                 (a)    in the opinion of the capacity assessor, the adult
                                           (i)    understands the purpose of the capacity assessment and that the adult has a right to refuse to undergo or continue with the capacity assessment,
                                          (ii)    appears to be capable of consenting to the capacity assessment, and
                                         (iii)    has consented to the capacity assessment,
                                     or
                                 (b)    in the opinion of the capacity assessor,
                                           (i)    the adult appears not be capable of consenting to the capacity assessment, and
                                          (ii)    it is in the best interests of the adult to conduct the capacity assessment.
(4)  If an adult refuses to undergo a capacity assessment or refuses to continue with a capacity assessment at any point during a capacity assessment, the capacity assessor
                                 (a)    shall forthwith leave the adult’s residence if the capacity assessor has attended at the adult’s residence to conduct the capacity assessment,
                                 (b)    shall not take any further steps with respect to the capacity assessment other than to note on the capacity assessment report that the adult has refused to undergo or to continue with the capacity assessment, and
                                 (c)    shall notify the person who has requested the capacity assessment that the adult refused to undergo or continue with the capacity assessment.
(5)  A capacity assessor may conduct a capacity assessment of an adult’s capacity to make decisions with respect to a matter only if the capacity assessor is satisfied that a capacity assessment with respect to that matter is warranted.
(6)  When conducting an assessment of an adult’s capacity to make decisions about personal matters or financial matters, the capacity assessor shall meet with the adult and shall
                                 (a)    consider the ability of the adult to
                                           (i)    understand the information that is relevant to a decision, and
                                          (ii)    appreciate the reasonably foreseeable consequences of
                                                  (A)    a decision, and
                                                  (B)    a failure to make a decision, and
                                 (b)    form an opinion about whether the adult has the capacity to make decisions about personal matters or financial matters
(7)  In forming an opinion under subsection (6), the capacity assessor shall take into account
                                 (a)    whether the adult has the ability to retain the information that is relevant to making decisions, and
                                 (b)    any other factors the capacity assessor considers appropriate.
(8)  If the capacity assessment is being conducted in respect of an application for a guardianship order or trusteeship order, on meeting with the adult under subsection (6), the capacity assessor shall also form an opinion as to whether service of an application for a guardianship order or trusteeship order is likely to cause serious emotional or physical harm to the adult.
(9)  If the capacity assessor is of the opinion that the adult does not have the ability to do the things referred to in subsection (6), the capacity assessor shall
                                 (a)    consider whether the adult is likely to regain some or all of the adult’s capacity to make decisions about personal matters or financial matters and, if so, the time in which the adult is likely to regain capacity, and
                                 (b)    if the capacity assessor believes that the adult is likely to regain some or all of the adult’s capacity to make decisions about personal matters or financial matters, include in the capacity assessment report a recommendation that a further capacity assessment of the adult be conducted, including the period within which it should be conducted.
(10)  Subsections (1) to (7) and (9) apply, with any necessary modifications, to a capacity assessment that is conducted for the purposes of section 96 of the Act.
AR 219/2009 s4;37/2010
Capacity assessment report
5   A capacity assessment report must be in the form prescribed by the Minister and must contain the information required in the form.
Designation of health professions
6   The following health professions are designated as health professions whose members may be designated as capacity assessors:
                                 (a)    profession of medical practitioners under the Medical Profession Act;
                                 (b)    profession of psychologists under the Health Professions Act;
                                 (c)    profession of registered nurses under the Health Professions Act;
                                 (d)    profession of registered psychiatric and mental deficiency nurses under the Health Professions Act;
                                 (e)    profession of occupational therapists under the Health Professions Act;
                                 (f)    profession of social workers under the Health Professions Act.
Designation of capacity assessors
7(1)  The following persons are designated as capacity assessors:
                                 (a)    a person who is registered as a medical practitioner under the Medical Profession Act;
                                 (b)    a psychologist who is a regulated member of the College of Alberta Psychologists under the Health Professions Act.
(2)  The Minister may designate a person as a capacity assessor if the person
                                 (a)    is a regulated member of a college of a health profession listed in section 6(c) to (f),
                                 (b)    has successfully completed a course for capacity assessors referred to in section 8, and
                                 (c)    meets any other requirements set by the Minister.
(3)  The Minister may revoke the designation of a person who is designated as a capacity assessor under subsection (2)
                                 (a)    if the Minister is satisfied that the person is no longer conducting capacity assessments,
                                 (b)    if the Minister is satisfied that the person is not conducting capacity assessments in accordance with the Act and the regulations, or
                                 (c)    for any other reason that the Minister considers warrants the revocation of the person’s designation as a capacity assessor.
(4)  The Minister shall maintain a list of persons who are designated as capacity assessors under subsection (2) and may make the list available to the public.
Training and continuing competence
8   The Minister may
                                 (a)    establish or approve a training course for capacity assessors, and
                                 (b)    establish or approve a continuing competence program for capacity assessors.
Fees
9(1)  Subject to subsections (2) and (3), a capacity assessor may charge a fee for a capacity assessment including the capacity assessment report up to a maximum of
                                 (a)    $500, if the capacity assessment relates exclusively to the adult’s capacity to make decisions about either
                                           (i)    personal matters, or
                                          (ii)    financial matters,
                                     or
                                 (b)    $700, if the capacity assessment relates to the adult’s capacity to make decisions about personal matters and financial matters.
(2)  Except where the fee for a capacity assessment is paid by the Minister under section 10, the Court may, on application, allow a higher fee for a capacity assessment on the basis of the complexity of the capacity assessment.
(3)  For greater certainty, subsection (1)(a)(i) also applies to a capacity assessment conducted under section 96 of the Act.
Payment of fees by Crown
10(1)  A person who is applying for a co‑decision‑making, guardianship or trusteeship order or for a review of an order may request the Crown to pay the fees for a capacity assessment of the adult in respect of whom the application is being made by submitting a request to the Public Guardian.
(2)  On receiving a request under subsection (1), the Public Guardian shall review the financial situation of the person making the request and the adult in respect of whom the application is being made, to determine whether it would be a financial hardship for the person making the request or the adult to pay the fees.
(3)  If the Public Guardian is satisfied that it would be a financial hardship for the applicant and the adult in respect of whom the application is being made to pay the fees for a capacity assessment of the adult, the Public Guardian may recommend to the Minister that the Crown pay the fees.
(4)  The Minister may, on the recommendation of the Public Guardian, pay the fees provided for under section 9(1)(a) and (b) for the capacity assessment of the adult in respect of whom the application is being made.
(5)  The Minister may pay the fees for only one capacity assessment of an adult in a calendar year.
Co‑decision‑making, Guardianship and Trusteeship
Evidence of guardian’s or trustee’s death or incapacity
11   The evidence to be provided to the clerk of the Court under section 32(5), 36(2) or 53(5) of the Act is
                                 (a)    in the case of the death of the previous guardian or previous trustee, a copy of the death certificate or funeral director’s certificate respecting the previous guardian or previous trustee,
                                 (b)    in the case of the appointment of a guardian or trustee for the previous guardian or previous trustee, a copy of the guardianship or trusteeship order, or
                                 (c)    in the case of the coming into effect, because of the previous guardian’s or previous trustee’s incapacity, of
                                           (i)    a personal directive made by the previous guardian or previous trustee, a copy of the declaration of incapacity under the Personal Directives Act respecting the previous guardian or previous trustee, or
                                          (ii)    an enduring power of attorney made by the previous guardian or previous trustee, a copy of the enduring power of attorney and the declaration of contingency under the Powers of Attorney Act respecting the previous guardian or previous trustee.
Amendment of guardianship plan
11.1(1)  A guardian may amend a guardianship plan by
                                 (a)    completing a new guardianship plan in Form 32 that clearly indicates
                                           (i)    it is an amendment of the existing guardianship plan, and
                                          (ii)    the differences between the amended guardianship plan and the existing guardianship plan,
                                 (b)    filing the amended guardianship plan with the Court,
                                 (c)    serving, within 20 days of filing, the amended guardianship plan on
                                           (i)    the represented adult, if the represented adult was served with the application for the guardianship order, and
                                          (ii)    each guardian or alternate guardian of the represented adult,
                                     and
                                 (d)    sending, within 20 days of filing, the amended guardianship plan to a review officer.
(2)  An amended guardianship plan takes effect on the day on which it is filed with the Court.
AR 96/2010 s2
Property not subject to trusteeship order
12   A trusteeship order does not apply to real and personal property that the represented adult holds in trust or in any fiduciary capacity.
Authority of trustee
13(1)  Unless the trusteeship order or another order of the Court provides otherwise, a trustee may carry on a legal proceeding that relates to a financial matter of the represented adult and may receive and give a discharge for any money or property to which the represented adult is entitled under any judgment rendered in or settlement of the legal proceeding.
(2)  A trustee may not consent to the disposition of the homestead, as defined in the Dower Act, of the represented adult’s spouse unless the trusteeship order specifically authorizes the trustee to consent to the disposition of the homestead.
(3)  A trustee may grant a lease of the real property of the represented adult for a term not exceeding 3 years.
Limits on authority to make gifts
14(1)  The total value of gifts made by a trustee in a year out of the represented adult’s property under section 60(2) of the Act shall not exceed 5% of the represented adult’s taxable income for the previous year.
(2)  A trustee shall not make a gift to himself or herself out of the represented adult’s property under section 60(2) of the Act unless the proposed gift is disclosed in the trusteeship plan approved by the Court.
(3)  In deciding whether to make a gift out of the represented adult’s property under section 60(2) of the Act, a trustee shall consider any current wishes expressed by the represented adult.
(4)  A trustee appointed by a trusteeship order to which section 117(4) of the Act applies shall not make a gift under section 60(2) of the Act until after the trusteeship order is reviewed under section 70 of the Act.
Trustee’s accounts
15(1)  A trustee shall maintain at least the following accounting information for the purposes of section 63(1) of the Act:
                                 (a)    an inventory of the represented adult’s assets, liabilities, income and expenditures as of the date of the trustee’s appointment;
                                 (b)    an ongoing and complete record of transactions affecting the property administered by the trustee, which must include all of the following information that applies to each transaction:
                                           (i)    the date of the transaction;
                                          (ii)    the name of the other party to the transaction;
                                         (iii)    if money is received or paid in the transaction,
                                                  (A)    the amount,
                                                  (B)    a description of the transaction, and
                                                  (C)    the account into which the money is deposited or from which the money is paid or advanced;
                                         (iv)    if money is transferred between accounts in the transaction, the amount transferred and the accounts affected;
                                          (v)    a brief description of any items, services or property acquired in, disposed of or lent in the transaction;
                                         (vi)    if the transaction is a gift, including a charitable donation, made by the trustee on behalf of the represented adult
                                                  (A)    a statement to that effect, and
                                                  (B)    the estimated fair market value of the gifted property, if the property is not money;
                                        (vii)    receipts or invoices for all transactions involving the payment of $300 or more.
(2)  In this section, “transaction” includes
                                 (a)    receiving, paying, gifting or lending money on behalf of a represented adult,
                                 (b)    acquiring, disposing of or lending property other than money on behalf of a represented adult,
                                 (c)    transferring money between different accounts maintained by a trustee on behalf of a represented adult,
                                 (d)    incurring or discharging a liability on behalf of a represented adult, and
                                 (e)    entering into a contract on behalf of a represented adult.
Trustee fee schedule
16(1)  The fee schedule prescribed for the purposes of section 66(2) of the Act is set out in Schedule 1.
(2)  A trustee may elect to be compensated in accordance with the fee schedule by making the election in the trusteeship plan.
Results of investigation
17   An investigator shall notify the following persons as to whether the investigator concluded that a complaint under section 75 of the Act was founded or not founded and whether or not action was taken under section 77 of the Act:
                                 (a)    the assisted adult or represented adult;
                                 (b)    the complainant;
                                 (c)    the co‑decision‑maker, guardian or trustee who is the subject of the complaint;
                                 (d)    any other co‑decision‑maker, guardian or trustee appointed in the co‑decision‑making, guardianship or trusteeship order;
                                 (e)    subject to clause (g), the Public Guardian in the case of a complaint about a co‑decision‑maker or guardian;
                                 (f)    subject to clause (h), the Public Trustee in the case of a complaint about a trustee;
                                 (g)    the Minister in the case of a complaint about the Public Guardian;
                                 (h)    the Minister of Human Services, in the case of a complaint about the Public Trustee;
                                  (i)    any other person the investigator considers appropriate.
AR 219/2009 s17;170/2012;62/2013
Specific Decisions
Right to refuse assessment
18   Before assessing an adult’s capacity to make a decision respecting the adult’s health care or temporary admission to or discharge from a residential facility, a health care provider shall inform the adult that
                                 (a)    the adult has the right to refuse to
                                           (i)    undergo the assessment, or
                                          (ii)    continue with the assessment,
                                     and
                                 (b)    the likely effect that a refusal would have on the ability of the health care provider to provide the health care to the adult or temporarily admit the adult to or discharge the adult from a residential facility, as the case may be.
Assessment
19(1)  When assessing an adult’s capacity to make a decision respecting the adult’s health care, a health care provider shall meet with the adult in person and provide to the adult the information that a reasonable person would require to understand the proposed health care and to make a decision, including the following information:
                                 (a)    the condition for which the health care is being proposed;
                                 (b)    the nature of the proposed health care;
                                 (c)    the material risks and expected benefits to the adult of the proposed health care;
                                 (d)    any likely side effects of the proposed health care;
                                 (e)    alternative forms of health care for the condition;
                                 (f)    the reasonably foreseeable consequences if the adult is not provided with the health care.
(2)  When assessing an adult’s capacity to make a decision respecting the adult’s temporary admission to or discharge from a residential facility, a health care provider shall meet with the adult in person and provide to the adult the information that a reasonable person would require to understand the proposed temporary admission or discharge and to make a decision, including the following information:
                                 (a)    the reasons for the proposed admission or discharge;
                                 (b)    the location and type of residential facility to which it is proposed that the adult would be temporarily admitted, in the case of an admission;
                                 (c)    the material risks and expected benefits to the adult of the proposed admission or discharge;
                                 (d)    the alternatives available to the adult if the adult is not temporarily admitted to or discharged from the residential facility;
                                 (e)    the reasonably foreseeable consequences if the adult is not temporarily admitted to or discharged from the residential facility.
(3)  A health care provider shall determine if the adult has the capacity to make a decision to consent or refuse to consent to the health care or to be temporarily admitted to or discharged from a residential facility, as the case may be, based on whether or not the adult
                                 (a)    understands the information given to the adult by the health care provider under subsection (1) or (2), and
                                 (b)    appreciates the reasonably foreseeable consequences of
                                           (i)    a decision, and
                                          (ii)    a failure to make a decision.
(4)  A health care provider shall complete Form 6, prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation, in respect of an assessment of capacity conducted under this section.
AR 219/2009 s19;96/2010
Communication and assistance
20   When assessing an adult’s capacity to make a decision respecting the adult’s health care or temporary admission to or discharge from a residential facility, a health care provider
                                 (a)    shall communicate with the adult in a manner that is appropriate to the adult’s skills and abilities, and
                                 (b)    may allow the adult’s spouse, relatives or friends, who accompany the adult and offer their assistance, to help the adult to understand or to demonstrate an understanding of the matters referred to in section 19(1) or (2).
Duty to provide information
21   If a health care provider determines that an adult does not have the capacity to make a decision to consent to or to refuse to consent to the proposed health care of the proposed temporary admission to or discharge from a residential facility, the health care provider shall inform the adult of the following:
                                 (a)    that a specific decision maker may be selected to make the decision for the adult;
                                 (b)    that the adult has the right under section 96 of the Act to request a capacity assessor to conduct a capacity assessment;
                                 (c)    that the adult has the right under section 97 of the Act to apply to the Court for a review of the assessment of the adult’s capacity.
Authorization by Public Guardian
22(1)  The Public Guardian may authorize a person to be a specific decision maker for an adult if the person
                                 (a)    is a relative of the adult listed in the definition of “nearest relative” in section 1(x) of the Act, and
                                 (b)    meets the criteria set out in section 89(1)(a) to (f) of the Act.
(2)  For greater certainty, the Public Guardian may authorize a person who is not the nearest relative of an adult to be the specific decision maker for the adult.
(3)  The Public Guardian may not authorize the person that the health care provider had selected and whose selection was disputed to be the specific decision maker.
Limit on authority
23   The following types of health care are prescribed for the purposes of section 88(2)(e) of the Act:
                                 (a)    any type of heath care that is the subject of a treatment decision for an adult who is a formal patient as defined in, or who is subject to, a community treatment order under the Mental Health Act;
                                 (b)    any type of health care where a decision respecting the provision of or withdrawal or withholding of the health care would be likely to result in the imminent death of the adult.
AR 219/2009 s23;96/2010
Scope of decisions
24(1)  A specific decision maker may, in making a decision respecting an adult’s health care that the specific decision maker is authorized to make, make a decision to consent to or refuse to consent to the provision of or withdrawal or withholding of the health care to the adult.
(2)  A specific decision maker may, in making a decision respecting the adult’s temporary admission to or discharge from a residential facility that the specific decision maker is authorized to make, make a decision to consent to or refuse to consent to the adult’s temporary admission to or discharge from the residential facility.
(3)  Subject to subsection (4), if a specific decision maker has made a decision to consent to an adult’s temporary admission to a residential facility on a transitional basis, the specific decision maker may make a further decision with respect to the adult’s temporary admission to another residential facility.
(4)  Subsection (3) does not apply if
                                 (a)    more than 6 months have passed since the day on which the specific decision maker consented to the adult’s temporary admission to the residential facility on a transitional basis, or
                                 (b)    the adult’s health care provider or specific decision maker has reason to believe that there has been a significant improvement in the capacity of the adult to make a decision with respect to the adult’s temporary admission to a residential facility.
(5)  If a specific decision maker is making a decision pursuant to section 88(2)(d) of the Act, it is sufficient for the specific decision maker to rely on the research ethics board’s approval of the research or experimental activity involving the adult, even in a case where there is no known benefit, but also no harm from the treatment, to the adult.
(6)  For the purposes of subsection (5), “research ethics board” has the meaning given to it in the Health Information Act.
AR 219/2009 s24;96/2010
Records
25   In addition to the records required to be kept under section 91 of the Act, the health care provider who selects a specific decision maker to make a decision for an adult shall keep a copy of the assessment of the capacity of the adult referred to in section 19(4).
Section 96 capacity assessment
26   The period prescribed for the purposes of section 98(3) of the Act within which arrangements must be made for a capacity assessment is 7 days.
Registry
Registry information
27(1)  In addition to the documents referred to in section 106 of the Act, the Minister shall deposit the following information into the registry:
                                 (a)    information respecting the date by which a co‑decision‑making, guardianship or trusteeship order is required to be reviewed;
                                 (b)    contact information for each assisted adult or represented adult as set out in the co‑decision‑making, guardianship or trusteeship application or as provided by the assisted adult, represented adult, co‑decision‑maker, guardian or trustee;
                                 (c)    contact information for each co‑decision‑maker, guardian, alternate guardian, trustee and alternate trustee appointed under the Act as set out in the co‑decision‑making, guardianship or trusteeship application or as provided by the co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.
(2)  The Minister may deposit the following information and documents into the registry:
                                 (a)    information related to applications or orders under the Act that would limit the authority of the Public Guardian or Public Trustee to disclose information from the registry;
                                 (b)    a copy of any order made under the Dependent Adults Act;
                                 (c)    a copy of or information respecting any certificate of incapacity issued under the Dependent Adults Act.
(3)  Unless the Public Trustee is of the opinion that it would be impracticable to do so, the Public Trustee shall, on a request from the Minister that identifies the requested information or document specifically or by type, provide to the Minister any information or a copy of any document in the possession of the Public Trustee that is required to be or may be deposited by the Minister in the registry.
AR 219/2009 s27;96/2010
Disclosure
28(1)  Subject to subsection (2) and any express provisions to the contrary in a co‑decision‑making, guardianship or trusteeship order, the Public Guardian or the Public Trustee may disclose information, including personal information, from the registry to the following persons or bodies:
                                 (a)    the Provincial Court, Court of Queen’s Bench or Court of Appeal;
                                 (b)    a government institution as defined in the Privacy Act (Canada);
                                 (c)    a bank to which the Personal Information Protection and Electronic Documents Act (Canada) applies;
                                 (d)    a public body as defined in the Freedom of Information and Protection of Privacy Act;
                                 (e)    a custodian or an affiliate as defined in the Health Information Act;
                                 (f)    an organization as defined in the Personal Information Protection Act;
                                 (g)    the individual that the information is about or the individual’s co‑decision‑maker, guardian or trustee;
                                 (h)    a relative of
                                           (i)    an assisted adult,
                                          (ii)    a represented adult, or
                                         (iii)    an adult who is the subject of a certificate of incapacity;
                                  (i)    a lawyer representing a person or body referred to in clause (a) to (h).
(2)  The Public Guardian or Public Trustee may disclose information to a person or body referred to in subsection (1) only if
                                 (a)    the person or body has requested the information in a manner that is acceptable to the Public Guardian or Public Trustee and has
                                           (i)    identified the adult that the person or body believes is or may be the subject of a co‑decision‑making, guardianship, trusteeship order or certificate of incapacity,
                                          (ii)    identified the information that the person or body is requesting, and
                                         (iii)    set out the person’s or body’s reasons for requesting the information,
                                     and
                                 (b)    the Public Guardian or Public Trustee is satisfied that the person or body has a legitimate interest
                                           (i)    in determining whether an adult is the subject of a co‑decision‑making, guardianship or trusteeship order or certificate of incapacity,
                                          (ii)    in being advised of the terms of
                                                  (A)    an order or certificate referred to in subclause (i), or
                                                  (B)    an order made on a review of an order referred to in subclause (i),
                                             or
                                         (iii)    in being provided with contact information for a co‑decision‑maker, guardian or trustee of an assisted adult or represented adult.
(3)  A person or body who does not fall into a category set out in subsection (1) may request the Public Guardian or the Public Trustee to provide the person’s or body’s contact information to a co‑decision‑maker, guardian or trustee.
Updates and corrections
29   The Minister may update or correct any information contained in the registry.
Accuracy of information
30   The Minister, the Public Guardian and the Public Trustee are not responsible for the accuracy of information that is disclosed from the Registry.
Limit on duties of review officer
31   A review officer has no duties or functions except the duties and functions expressly provided for in the Act and the regulations.
Additional duties of Public Guardian
32   The Minister may designate the Public Guardian as a review officer, complaints officer or investigator.
Part 2 Court Applications
Interpretation
33(1)  In this Part,
                                 (a)    “band” means band within the meaning of the Indian Act (Canada);
                                 (b)    “council of the band” means council of the band within the meaning of the Indian Act (Canada);
                                 (c)    “date for submitting the request for hearing” means the date set out by a review officer in a request for hearing by which the  completed request for hearing is to be submitted to the review officer;
                                 (d)    “desk application” means an application for an order under section 13, 21, 26, 40, 46, 63 or 70 of the Act that the applicant proposes be considered and determined by the Court in accordance with section 111 of the Act;
                                 (e)    “Indian” means an Indian as defined in the Indian Act (Canada);
                                 (f)    “reserve” means reserve within the meaning of the Indian Act (Canada).
(2)  When counting to or from a date in months, time is calculated from the date on which the event or activity occurs in the month to
                                 (a)    the same‑numbered day in a subsequent or previous month (the target month), as the case may be, or
                                 (b)    if there is no same‑numbered date in the target month, the last day of the target month.
(3)  The forms for the purposes of this Part are set out in Schedule 2.
Division 1 Co‑decision‑making, Guardianship or Trusteeship
Application for Order Started by Desk Application
Application
34(1)  An interested person may start an application for a co‑decision‑making order under section 13 of the Act, a guardianship order under section 26 of the Act or a trusteeship order under section 46 of the Act by desk application by submitting the documents referred to in subsection (2), (3) or (4) to a review officer.
(2)  In the case of a desk application for a co‑decision‑making order under section 13 of the Act, the applicant shall submit the following:
                                 (a)    an application, in Form 1;
                                 (b)    the affidavit of the applicant, in Form 2;
                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trusteeship (Ministerial) Regulation;
                                 (d)    the consent of
                                           (i)    each proposed co‑decision‑maker, in Form 12,
                                                  (A)    to act as co‑decision‑maker, and
                                                  (B)    to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed co‑decision‑maker,
                                             and
                                          (ii)    the proposed assisted adult to the appointment of the proposed co‑decision‑maker, in Form 11;
                                 (e)    2 personal references for each proposed co‑decision‑maker, in Form 30;
                                 (f)    a draft co‑decision‑making order, in Form 5, to which the proposed assisted adult has consented;
                                 (g)    the Court filing fee.
(3)  In the case of a desk application for a guardianship order under section 26 of the Act, the applicant shall submit the following:
                                 (a)    an application, in Form 14;
                                 (b)    the affidavit of the applicant, in Form 15;
                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trusteeship (Ministerial) Regulation;
                                 (d)    a guardianship plan, in Form 32;
                                 (e)    the consent of each proposed guardian, in Form 24 or 25, and each alternate guardian, in Form 26,
                                           (i)    to act as guardian or alternate guardian, and
                                          (ii)    in the case of a proposed guardian or alternate guardian, to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed guardian or alternate guardian;
                                 (f)    2 personal references for each proposed guardian or alternate guardian, in Form 30;
                                 (g)    the Court filing fee.
(4)  In the case of a desk application for a trusteeship order under section 46 of the Act, the applicant shall submit the following:
                                 (a)    an application, in Form 14;
                                 (b)    the affidavit of the applicant, in Form 15;
                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trusteeship (Ministerial) Regulation;
                                 (d)    a trusteeship plan, in Form 34 or 35;
                                 (e)    either
                                           (i)    an inventory, in Form 37, or
                                          (ii)    the proposed trustee’s undertaking to file an inventory with the Court within 6 months of the effective date of the proposed trustee’s appointment as trustee, unless the Court dispenses with the filing of the inventory;
                                 (f)    the consent of each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29,
                                           (i)    to act as trustee or alternate trustee, and
                                          (ii)    in the case of a trustee who is an individual, to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check respecting the proposed trustee or alternate trustee;
                                 (g)    2 personal references for each proposed trustee or alternate trustee who is an individual, in Form 30;
                                 (h)    the Court filing fee.
(5)  If the applicant has not submitted all of the documents required under subsection (2), (3) or (4), the review officer shall advise the applicant that the documents are not complete and may return some or all of the documents to the applicant.
(6)  In addition to the documents referred to in subsections (3) and (4), an applicant for a guardianship or trusteeship order may also submit to the review officer a draft order, which may be in Form 18.
Service and notice
35(1)  If all of the documents required under section 34(2), (3) or
(4) have been submitted to the review officer, the review officer shall
                                 (a)    prepare a notice of application, solely on the basis of the information set out in the application submitted to the review officer under section 34(2), (3) or (4),
                                           (i)    in Form 3, in the case of an application for a co‑decision‑making order, or
                                          (ii)    in Form 16, in the case of an application for a guardianship or trusteeship order,
                                     and
                                 (b)    serve and send the notice of application and other documents with respect of the application in accordance with subsections (2) to (7).
(2)  Subject to subsection (3), the review officer shall serve the following documents on the adult who is the subject of the application:
                                 (a)    all of the documents in respect of the application that were submitted to the review officer under section 34, except the personal references;
                                 (b)    the notice of application;
                                 (c)    a request for hearing, in Form 31.
(3)  The review officer shall not serve the adult who is the subject of an application for a guardianship or trusteeship order if
                                 (a)    the capacity assessor has included an express statement in the capacity assessment report indicating that, in the opinion of the capacity assessor, service of notice of the application on the adult is likely to cause serious physical or emotional harm to the adult, or
                                 (b)    the applicant has, in the application, requested the Court to dispense with service on the adult.
(4)  Subject to subsection (5), the review officer shall send the notice of application and a request for hearing, in Form 31, to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the adult who is the subject of the application whose name and address appears in the application and who resides in Canada:
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application;
                                 (c)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;
                                 (d)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility;
                                 (e)    if the adult who is the subject of the application is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band;
(5)  The review officer shall not send documents to a person referred to in subsection (4) if the applicant has, in the application, requested the Court to dispense with notice to the person.
(6)  If the review officer is of the opinion that it would be in the best interests of the adult who is the subject of the application for any other person to be given notice of the application, the review officer may send the notice of application and a request for hearing, in Form 31, to the person.
(7)  Documents must be served under subsection (2) and sent under subsections (4) and (6) at least 20 days before the date for submitting the request for hearing.
(8)  A person referred to in subsection (4) or (6) may request the review officer to provide a copy of any document submitted by the applicant in support of the application except
                                 (a)    the capacity assessment report, or
                                 (b)    the personal references.
(9)  A request under subsection (8) must be
                                 (a)    in writing, and
                                 (b)    submitted before the date for submitting the request for hearing.
(10)  On receiving a request made by a person in accordance with subsections (8) and (9), the review officer shall provide a copy of the document to the person.
Duty of review officer
36   Where an adult who is the subject of a desk application for a co‑decision‑making, guardianship or trusteeship order is served under section 35(2), a review officer shall make reasonable efforts to
                                 (a)    meet with the adult in person,
                                 (b)    explain to the adult
                                           (i)    the nature and purpose of the application, and
                                          (ii)    that the adult has the right to request a hearing of the application and to attend and make representations at the hearing,
                                     and
                                 (c)    ascertain the views and wishes of the adult respecting the application.
Request for hearing
37(1)  The following persons are entitled to request a hearing:
                                 (a)    the adult who is the subject of the application;
                                 (b)    the review officer;
                                 (c)    any person to whom a notice of application and request for hearing was sent under section 35(4) or (6);
                                 (d)    any interested person.
(2)  The adult who is the subject of an application may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.
(3)  A review officer may request a hearing in the review officer’s report.
(4)  A person referred to in subsection (1)(c) may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.
(5)  An interested person referred to in subsection (1)(d) may request a hearing by completing a request for hearing, in Form 31, and submitting it to the review officer before the review officer files the application with the Court.
Review officer’s report
38(1)  Before filing the application with the Court, the review officer shall complete the review officer’s report in accordance with this section.
(2)  The review officer’s report must be in a form approved by the Minister and include the following:
                                 (a)    a summary of the views and wishes of the adult who is the subject of the application respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the adult’s views and wishes;
                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;
                                 (c)    a statement that
                                           (i)    the documents referred to in section 35(2) were personally served on the adult who is the subject of the application, or
                                          (ii)    if the documents referred to in section 35(2) were not personally served on the adult, sets out the reasons why personal service was not effected;
                                 (d)    a statement identifying the persons to whom the review officer sent a notice of application and a request for hearing under section 35(4) and (6);
                                 (e)    a statement identifying any persons referred to in section 35(4) to whom the review officer did not send a notice of application and a request for hearing;
                                 (f)    a statement indicating whether a document referred to in clause (d) was returned undelivered;
                                 (g)    a statement indicating whether a request for hearing was submitted to the review officer;
                                 (h)    a statement as to whether the review officer is requesting a hearing.
(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.
(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).
(5)  If the review officer’s report indicates that a request for hearing was submitted to the review officer, the request for hearing must be attached to the report.
(6)  The review officer shall send the applicant a copy of the review officer’s report, including any attachments, by ordinary mail.
Filing of application
39(1)  The review officer shall, as soon as practicable after the latest date for submitting the request for hearing set out in a request for hearing that was served or sent in accordance with section 35, file with or submit to the Court
                                 (a)    subject to section 99, the documents submitted to the review officer under section 34(2), (3) or (4),
                                 (b)    the review officer’s report,
                                 (c)    the draft order submitted to the review officer by the applicant, if applicable,
                                 (d)    in the case of an application for a guardianship or trusteeship order, if the applicant did not submit a draft order and the review officer is not requesting a hearing and has not received a request for hearing, a draft order, in Form 18, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer under section 34(3)(a) or (4)(a), and
                                 (e)    the Court filing fee.
(2)  The review officer shall file the application in the judicial centre that the review officer considers appropriate, having regard to the circumstances of the matter.
AR 219/2009 s39;37/2010
Powers of Court
40(1)  If the review officer’s report in respect of an application indicates that no person has submitted a request for hearing to the review officer and that the review officer is not requesting a hearing, the Court may
                                 (a)    consider and determine the application in the absence of the applicant and any other persons in accordance with section 111 of the Act, or
                                 (b)    direct that a hearing be held in respect of the application.
(2)  The Court may consider and determine an application under subsection (1)(a) despite evidence that a person to whom a notice of application and request for hearing was sent under section 35(4) or (6) did not receive the notice of application or request for hearing.
(3)  Subject to subsection (4), if the Court considers and determines the application in the absence of the applicant and any other persons in accordance with section 111 of the Act and makes a co‑decision‑making, guardianship or trusteeship order, the clerk of the Court shall send a copy of the order by ordinary mail to
                                 (a)    the assisted adult or represented adult,
                                 (b)    the applicant,
                                 (c)    the review officer, and
                                 (d)    each person to whom the review officer sent notice of the application.
(4)  The Court may direct that another form of notice of a co‑decision‑making, guardianship or trusteeship order be given to an assisted adult, represented adult or other person referred to in subsection (3) in addition to or in substitution for the notice provided for in subsection (3).
Procedure where hearing required
41(1)  Where a person has requested a hearing in accordance with section 37 or the Court has directed that a hearing be held under section 40(1)(b), the applicant may, after the review officer has filed the application with the Court, proceed with the application by filing a notice of application and hearing, in Form 39, with the Court.
(2)  Unless the Court directs otherwise, the applicant shall, at least 20 days before the hearing date, serve
                                 (a)    on the review officer the notice of application and hearing, and
                                 (b)    on the adult who is the subject of the application, each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee for the adult and any person who submitted a request for hearing
                                           (i)    the notice of application and hearing,
                                          (ii)    the documents submitted by the applicant to the review officer, except any personal references,
                                         (iii)    the review officer’s report, and
                                         (iv)    any other documents on which the applicant intends to rely in support of the application.
(3)  The review officer has no duties or functions in respect of an application that proceeds under this section.
Application by interested person
42(1)  If the applicant referred to in section 41 does not file a notice of application and hearing under section 41 within 3 months after the review officer files the application under section 39, an interested person may, in the same proceeding, start an application for a co‑decision‑making, guardianship or trusteeship order, by filing, subject to subsection (3)(b), the documents referred to in section 43(2), (3) or (4) with the Court.
(2)  Subject to subsection (3), sections 43 to 46 apply with any necessary modifications to an application started under subsection (1).
(3)  An interested person who starts an application under subsection (1)
                                 (a)    is not required to pay a Court filing fee,
                                 (b)    may adopt the capacity assessment report that was filed in support of the application started by the applicant referred to in section 41(1) if
                                           (i)    the capacity assessment report is dated not more than 6 months before the date on which the notice of application and hearing is filed, or
                                          (ii)    the Court otherwise directs that the capacity assessment report may be adopted,
                                     and
                                 (c)    shall serve the notice of application and hearing on the applicant referred to in section 41(1).
Application for Order Started by Notice of Application and Hearing
Application
43(1)  An interested person may start an application for a co‑decision‑making order under section 13 of the Act, a guardianship order under section 26 of the Act or a trusteeship order under section 46 of the Act by filing with or submitting to the Court the documents referred to in subsection (2), (3) or (4).
(2)  In the case of an application for a co‑decision‑making order under section 13 of the Act, the applicant shall file or submit the following:
                                 (a)    an application, in Form 1;
                                 (b)    the affidavit of the applicant, in Form 2;
                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trustee (Ministerial) Regulation;
                                 (d)    the consent of
                                           (i)    each proposed co‑decision‑maker, in Form 12,
                                                  (A)    to act as co‑decision‑maker, and
                                                  (B)    to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed co‑decision‑maker,
                                             and
                                          (ii)    the proposed assisted adult to the appointment of the proposed co‑decision‑maker, in Form 11;
                                 (e)    a draft co‑decision‑making order in Form 5 to which the proposed assisted adult has consented;
                                 (f)    a notice of application and hearing, in Form 4;
(3)  In the case of an application for a guardianship order under section 26 of the Act, the applicant shall file or submit the following:
                                 (a)    an application, in Form 14;
                                 (b)    the affidavit of the applicant, in Form 15;
                                 (c)    a capacity assessment report in the form prescribed by the Adult Guardianship and Trustee (Ministerial) Regulation;
                                 (d)    a guardianship plan, in Form 32;
                                 (e)    the consent of each proposed guardian, in Form 24 or 25, and alternate guardian, in Form 26,
                                           (i)    to act as guardian or alternate guardian, and
                                          (ii)    in the case of a proposed guardian or alternate guardian, to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed guardian or alternate guardian;
                                 (f)    a notice of application and hearing, in Form 17;
(4)  In the case of an application for a trusteeship order under section 46 of the Act, the applicant shall file or submit the following:
                                 (a)    an application, in Form 14;
                                 (b)    the affidavit of the applicant, in Form 15;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation;
                                 (d)    a trusteeship plan, in Form 34 or 35;
                                 (e)    either
                                           (i)    an inventory, in Form 37, or
                                          (ii)    the proposed trustee’s undertaking to file an inventory with the Court within 6 months of the effective date of the proposed trustee’s appointment as trustee, unless the Court dispenses with the filing of the inventory;
                                 (f)    the consent of each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29,
                                           (i)    to act as trustee or alternate trustee, and
                                          (ii)    in the case of a proposed trustee or alternate trustee who is an individual, to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check respecting the proposed trustee or alternate trustee;
                                 (g)    a notice of application and hearing, in Form 17.
(5)  The application must be made in a judicial centre that is appropriate in the circumstances, having regard in particular to the location of the adult’s residence.
Service and notice
44(1)  The applicant shall serve the documents filed under section 43 on the adult.
(2)  The applicant shall serve on the review officer
                                 (a)    the documents filed under section 43, and
                                 (b)    2 personal references, in Form 30, for each proposed
                                           (i)    co‑decision‑maker,
                                          (ii)    guardian or alternate guardian, or
                                         (iii)    trustee or alternate trustee who is an individual.
(3)  The applicant shall serve the notice of application and hearing on
                                 (a)    each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application, and
                                 (b)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.
(4)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the adult who is the subject of the application who resides in Canada;
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility, and
                                 (c)    if the adult who is the subject of the application is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the Band Council.
(5)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (4)(a) whose address cannot be ascertained by the use of ordinary diligence.
(6)  Documents must be served under subsections (1) to (3) and sent under subsection (4) at least one month before the hearing date.
(7)  A person referred to in subsection (3) or (4) may request the applicant to provide a copy of any document filed with the Court by the applicant.
(8)  A request under subsection (7) must be in writing.
(9)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (7) and (8), the applicant shall provide the documents to the person making the request at least 5 days before the hearing date.
Duty of review officer
45   Except where the applicant is seeking an order under section 26(5) or 46(4) of the Act dispensing with service on the adult who is the subject of the application, the review officer shall make reasonable efforts to
                                 (a)    meet with the adult in person,
                                 (b)    explain to the adult
                                           (i)    the nature and purpose of the application, and
                                          (ii)    that the adult has the right to attend and make representations at the hearing,
                                     and
                                 (c)    ascertain the views and wishes of the adult respecting the application.
Review officer’s report
46(1)  On receiving a notice of application and hearing under section 44(2), the review officer shall complete the review officer’s report in accordance with this section.
(2)  The review officer’s report must be in a form approved by the Minister and must include the following:
                                 (a)    a summary of the views and wishes of the adult who is the subject of the application respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the adult’s views and wishes;
                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.
(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.
(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).
(5)  The review officer shall
                                 (a)    file the review officer’s report with the Court, and
                                 (b)    provide a copy of the review officer’s report to the applicant at least 2 days before the hearing date.
Review of Co‑decision‑making, Guardianship or Trusteeship Order
Application by Co‑decision‑maker, Guardian or Trustee Started by Desk Application
Application
47(1)  A co‑decision‑maker, guardian or trustee may start an application for a review of a co‑decision‑making order under section 21 of the Act, a review of a guardianship order under section 40 of the Act or a review of a trusteeship order under section 70 of the Act by desk application by submitting the documents referred to in subsection (2), (3) or (4) to a review officer.
(2)  In the case of a desk application for a review of a co‑decision‑making order under section 21 of the Act, the applicant shall submit the following:
                                 (a)    an application, in Form 6;
                                 (b)    the affidavit of the applicant, in Form 7;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if
                                           (i)    the application for a review is made in accordance with a requirement in the co‑decision‑making order, unless the order provides that a capacity assessment is not required,
                                          (ii)    the capacity of the assisted person is in issue in the proceedings,
                                         (iii)    the applicant is requesting the termination of the co‑decision‑making order, or
                                         (iv)    the applicant has reason to believe that there has been a significant change in the capacity of the assisted person;
                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the co‑decision‑making order,
                                           (i)    the consent of
                                                  (A)    each proposed co‑decision‑maker, in Form 12, to act as co‑decision‑maker,
                                                  (B)    each proposed new co‑decision‑maker, in Form 12, to act as a co‑decision‑maker and to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new co‑decision‑maker, and
                                                  (C)    the assisted person, in Form 11, to the appointment of the proposed co‑decision‑maker,
                                          (ii)    2 personal references for each proposed new co‑decision‑maker, if any, in Form 30, and
                                         (iii)    a draft order to which the assisted person has consented.
(3)  In the case of a desk application for a review of a guardianship order under section 40 of the Act, the applicant shall submit the following:
                                 (a)    an application, in Form 19;
                                 (b)    the affidavit of the applicant, in Form 20;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if,
                                           (i)    the application for a review is made in accordance with a requirement in the guardianship order, unless the order provides that a capacity assessment is not required,
                                          (ii)    the capacity of the represented person is in issue in the proceedings,
                                         (iii)    the applicant is requesting the termination of the guardianship order, or
                                         (iv)    the applicant has reason to believe that there has been a significant change in the capacity of the represented person;
                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the guardianship order,
                                           (i)    a guardianship plan, in Form 32,
                                          (ii)    a record of decisions for each guardian, in Form 33,
                                         (iii)    the consent of
                                                  (A)    each proposed guardian, in Form 24 or 25, and alternate guardian, in Form 26, to act as guardian or alternate guardian, and
                                                  (B)    each proposed new guardian, in Form 24, and new alternate guardian, in Form 26, to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new guardian or alternate guardian,
                                             and
                                         (iv)    2 personal references for each proposed new guardian or new alternate guardian, if any, in Form 30.
(4)  In the case of a desk application for a review of a trusteeship order under section 70 of the Act, the applicant shall submit the following:
                                 (a)    an application, in Form 19;
                                 (b)    the affidavit of the applicant, in Form 20;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if,
                                           (i)    the application for a review is made in accordance with a requirement in the trusteeship order, unless the order provides that a capacity assessment is not required,
                                          (ii)    the capacity of the represented person is in issue in the proceedings,
                                         (iii)    the applicant is requesting the termination of the trusteeship order, or
                                         (iv)    the applicant has reason to believe that there has been a significant change in the capacity of the represented person;
                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the trusteeship order,
                                           (i)    a trusteeship plan, in Form 34 or 35,
                                          (ii)    the consent of
                                                  (A)    each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29, to act as trustee or alternate trustee, and
                                                  (B)    each proposed new trustee who is an individual, in Form 27, and each new alternate trustee who is an individual, in Form 29, to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check respecting the proposed new trustee or alternate trustee,
                                         (iii)    2 personal references for each proposed new trustee or alternate trustee who is an individual, if any, in Form 30.
(5)  If the applicant has not submitted all of the documents required under subsection (2), (3) or (4), the review officer shall advise the applicant that the documents are not complete and may return some or all of the documents to the applicant.
(6)  In addition to the documents referred to in subsections (3) and (4), an applicant for a review of a guardianship or trusteeship order may also submit to the review officer a draft order which may be in Form 23.
AR 219/2009 s47;96/2010;178/2011
Service and notice
48(1)  If all of the documents required under section 47(2), (3) or (4) have been submitted to the review officer, the review officer shall
                                 (a)    prepare a notice of application, solely on the basis of the information set out in the application submitted to the review officer under section 47(2), (3) or (4), and
                                 (b)    serve and send the documents in support of the application in accordance with subsections (2) to (7).
(2)  Subject to subsection (3), the review officer shall serve the following documents on the assisted person or represented person:
                                 (a)    all of the documents in respect of the application that were submitted to the review officer under section 47, except the personal references;
                                 (b)    the notice of application;
                                 (c)    a request for hearing, in Form 31.
(3)  The review officer shall not serve the represented person if
                                 (a)    the capacity assessor has included an express statement in the capacity assessment report indicating that, in the opinion of the capacity assessor, service of notice of the application on the represented person would be likely to cause serious physical or emotional harm to the represented person, or
                                 (b)    the applicant has, in the application, requested the Court to dispense with service on the represented person.
(4)  Subject to subsection (5), the review officer shall send a copy of the notice of application and a request for hearing, in Form 31, to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the assisted person or represented person whose name and address appears in the application and who resides in Canada:
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    each co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the assisted person or represented person;
                                 (c)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;
                                 (d)    if the assisted person or represented person resides in a residential facility, the director of the residential facility;
                                 (e)    if the assisted person or represented  person is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.
(5)  The review officer shall not send documents to a person referred to in subsection (4) if the applicant has, in the application, requested the Court to dispense with notice to the person. 
(6)  If the review officer is of the opinion that it would be in the best interests of the assisted person or represented person for any other person to be given notice of the application, the review officer may send the notice of application and a request for hearing, in Form 31, to the person.
(7)  Documents must be served under subsection (2) and sent under subsections (4) and (6) at least 20 days before the date for submitting the request for hearing.
(8)  A person referred to in subsection (4) or (6) may request the review officer to provide a copy of any document submitted by the applicant in support of the application except
                                 (a)    the capacity assessment report, or
                                 (b)    the personal references.
(9)  A request under subsection (8) must be
                                 (a)    in writing, and
                                 (b)    submitted before the date for submitting the request for hearing.
(10)  On receiving a request made by a person in accordance with subsections (8) and (9), the review officer shall provide a copy of the document to the person.
AR 219/2009 s48;96/2010
Duty of review officer
49   Where an assisted person or represented person is served under section 48(2), the review officer shall make reasonable efforts to
                                 (a)    meet with the assisted person or represented person in person,
                                 (b)    explain to the assisted person or represented person
                                           (i)    the nature and purpose of the application, and
                                          (ii)    that the assisted person or represented person has the right to request a hearing of the application and to attend and make representations at the hearing,
                                     and
                                 (c)    ascertain the views and wishes of the assisted person or represented person respecting the application.
Request for hearing
50(1)  The following persons are entitled to request a hearing in respect of an application under section 21, 40, or 70 of the Act:
                                 (a)    the  assisted person or represented person;
                                 (b)    the review officer;
                                 (c)    any person to whom a notice of application and hearing was sent under section 48(4) or (6);
                                 (d)    any interested person.
(2)  The assisted  person or represented person may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.
(3)  A review officer may request a hearing in the review officer’s report.
(4)  A person referred to in subsection (1)(c) may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.
(5)  An interested person referred to in subsection (1)(d) may request a hearing by completing a request for hearing, in Form 31, and submitting it to the review officer before the review officer files the application with the Court.
Review officer’s report
51(1)  Before filing the application with the Court, the review officer shall complete the review officer’s report in accordance with this section.
(2)  The review officer’s report must be in a form approved by the Minister and include the following:
                                 (a)    a summary of the views and wishes of the assisted person or represented person respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the assisted person’s or represented person’s views and wishes;
                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee;
                                 (c)    a statement that
                                           (i)    the documents referred to in section 48(2) were personally served on the assisted person or represented person, or
                                          (ii)    if the documents referred to in section 48(2) were not personally served on the assisted person or represented person, sets out the reasons why personal service was not effected;
                                 (d)    a statement identifying the persons to whom the review officer sent a notice of application and a request for hearing under section 48(4) and (6);
                                 (e)    a statement identifying any persons referred to in section 48(4) to whom the review office did not send a notice of the application and a request for hearing;
                                 (f)    a statement indicating whether a document referred to in clause (d) was returned undelivered;
                                 (g)    a statement indicating whether a request for hearing was submitted to the review officer;
                                 (h)    a statement as to whether the review officer is requesting a hearing.
(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.
(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).
(5)  If the review officer’s report indicates that a request for hearing was submitted to the review officer, the request for hearing must be attached to the report.
(6)  The review officer shall send the applicant a copy of the review officer’s report, including any attachments, by ordinary mail.
Filing of application
52   The review officer shall, as soon as practicable after the latest date for submitting the request for hearing set out in a request for hearing that was served or sent in accordance with section 48, file with or submit to the Court
                                 (a)    subject to section 99, the documents submitted to the review officer under section 47(2), (3) or (4),
                                 (b)    the review officer’s report,
                                 (c)    the draft order submitted to the review officer by the applicant, if applicable, and
                                 (d)    in the case of an application for review of a guardianship or trusteeship order, if the applicant did not submit a draft order and if the review officer is not requesting a hearing and has not received a request for hearing, a draft order, in Form 23, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer under section 47(3)(a) or (4)(a).
AR 219/2009 s52;37/2010
Powers of Court
53(1)  If the review officer’s report in respect of an application indicates that no person has submitted a request for hearing to the review officer and that the review officer is not requesting a hearing, the Court may
                                 (a)    consider and determine the application in the absence of the applicant and any other persons in accordance with section 111 of the Act, or
                                 (b)    direct that a hearing be held in respect of the application.
(2)  The Court may consider and determine an application under subsection (1)(a) despite evidence that a person to whom a notice of application and request for hearing was sent under section 48(4) or (6) did not receive the notice of application or request for hearing.
(3)  Subject to subsection (4), if the Court considers and determines the application in the absence of the applicant and any other persons in accordance with section 111 of the Act and makes an order, the clerk of the Court shall send a copy of the order by ordinary mail to
                                 (a)    the assisted person or represented person,
                                 (b)    the applicant,
                                 (c)    the review officer, and
                                 (d)    each person to whom the review officer sent notice of application.
(4)  The Court may direct that another form of notice of an order be given to an assisted person, represented person or other person referred to in subsection (3) in addition to or in substitution for the notice provided for in subsection (3).
Procedure where hearing required
54(1)  Where a person has requested a hearing in accordance with section 50 or the Court has directed that a hearing be held under section 53(1)(b), the applicant may, after the review officer has filed the application with the Court, proceed with the application by filing with the Court a notice of application and hearing, in Form 39.
(2)  Unless the Court directs otherwise, the applicant shall, at least 20 days before the hearing, serve
                                 (a)    on the review officer the notice of application and hearing, and
                                 (b)    on the assisted person or represented person, each proposed co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee and any person who submitted a request for hearing
                                           (i)    the notice of application and hearing,
                                          (ii)    the documents submitted by the applicant to the review officer, except any personal references,
                                         (iii)    the review officer’s report, and
                                         (iv)    any other documents on which the applicant intends to rely in support of the application.
(3)  The review officer has no duties or functions in respect of an application that proceeds under this section.
Application by Co‑decision‑maker, Guardian or Trustee Started by Notice of Application and Hearing
Application
55(1)  A co‑decision‑maker, guardian or trustee may start an application for a review of a co‑decision‑making order under section 21 of the Act, a guardianship order under section 40 of the Act or a trusteeship order under section 70 of the Act by filing with or submitting to the Court the documents set out in subsection (2), (3) or (4).
(2)  In the case of an application for a review of a co‑decision‑making order under section 21 of the Act, the applicant shall file or submit the following documents:
                                 (a)    an application, in Form 6;
                                 (b)    the affidavit of the applicant, in Form 7;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if
                                           (i)    the application for a review is made in accordance with a requirement in the co‑decision‑making order, unless the order provides that a capacity assessment report is not required,
                                          (ii)    the capacity of the assisted person is in issue in the proceedings,
                                         (iii)    the applicant is requesting a termination of the co‑decision‑making order, or
                                         (iv)    the applicant has reason to believe there has been a significant change in the capacity of the assisted person;
                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the co‑decision‑making order, the consent of
                                           (i)    each proposed co‑decision‑maker, in Form 12, to act as a co‑decision‑maker;
                                          (ii)    each proposed new co‑decision‑maker, in Form 12, to act as a co‑decision‑maker and to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new co‑decision‑maker;
                                          (ii)    the proposed assisted person to the appointment of the proposed co‑decision‑maker, in Form 11;
                                 (e)    a draft order, in Form 5, to which the assisted person has consented;
                                 (f)    a notice of application and hearing, in Form 9.
(3)  In the case of an application for a review of a guardianship order under section 40 of the Act, the applicant shall file or submit the following documents:
                                 (a)    an application, in Form 19;
                                 (b)    the affidavit of the applicant, in Form 20;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if
                                           (i)    the application for a review is made in accordance with a requirement in the guardianship order unless the order provides that a capacity assessment report is not required,
                                          (ii)    the capacity of the represented person is in issue in the proceedings,
                                         (iii)    the applicant is requesting a termination of the guardianship order, or
                                         (iv)    the applicant has reason to believe there has been a significant change in the capacity of the represented person;
                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the guardianship order,
                                           (i)    a guardianship plan, in Form 32,
                                          (ii)    a record of decisions for each guardian, in Form 33,
                                         (iii)    the consent of
                                                  (A)    each proposed guardian, in Form 24 or 25, and alternate guardian, if any, in Form 26, to act as guardian or alternate guardian, and
                                                  (B)    each proposed new guardian, in Form 24 or 25, and alternate guardian, if any, in Form 26, to act as a guardian or alternate guardian and to the review officer or a person acting on behalf of the review officer obtaining a criminal records check respecting the proposed new guardian or alternate guardian;
                                 (e)    a notice of application and hearing, in Form 22.
(4)  In the case of an application for a review of a trusteeship order under section 70 of the Act, the applicant shall file or submit the following documents:
                                 (a)    an application, in Form 19;
                                 (b)    the affidavit of the applicant, in Form 20;
                                 (c)    a capacity assessment report in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation if,
                                           (i)    the application for a review is made in accordance with a requirement in the trusteeship order unless the order provides that a capacity assessment report is not required,
                                          (ii)    the capacity of the represented person is in issue in the proceedings,
                                         (iii)    the applicant is requesting a termination of the guardianship order, or
                                         (iv)    the applicant has reason to believe there has been a significant change in the capacity of the represented person;
                                 (d)    if the applicant is requesting the continuation, amendment or replacement of the trusteeship order,
                                           (i)    a trusteeship plan, in Form 34 or 35,
                                          (ii)    the consent of
                                                  (A)    each proposed trustee, in Form 27 or 28, and alternate trustee, in Form 29, to act as trustee or alternate trustee, and
                                                  (B)    each proposed new trustee, in Form 27 or 28, and alternate guardian, in Form 29, to act as trustee or alternate trustee and to the review officer or a person acting on behalf of the review officer obtaining a credit report and a criminal records check in respect of the proposed new trustee or alternate trustee;
                                 (e)    a notice of application and hearing, in Form 22.
Service and notice
56(1)  The applicant shall serve the documents filed under section 55 on the assisted person or represented person.
(2)  The applicant shall serve on the review officer
                                 (a)    the documents filed under section 55, and
                                 (b)    2 personal references, in Form 30, for each proposed new
                                           (i)    co‑decision‑maker,
                                          (ii)    guardian or alternate guardian, or
                                         (iii)    trustee or alternate trustee who is an individual.
(3)  The applicant shall serve the notice of application and hearing on
                                 (a)    each co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the assisted person or represented person, and
                                 (b)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.
(4)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the assisted person or represented person who resides in Canada:
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister and brother who is 18 years of age or older;
                                 (b)    if the assisted person or represented person resides in a residential facility, the director of the residential facility;
                                 (c)    if the assisted person or represented person is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.
(5)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (4)(a) whose address cannot be ascertained by the use of ordinary diligence.
(6)  Documents must be served under subsection (1) to (3) and sent under subsection (4) at least one month before the hearing date.
(7)  A person referred to in subsection (3) or (4) may request the applicant to provide a copy of any document filed with the Court by the applicant.
(8)  A request under subsection (7) must be in writing.
(9)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (7) and (8) the applicant shall provide the documents to the person making the request at least 5 days before the hearing date.
AR 219/2009 s56;96/2010
Duty of review officer
57   Except where the applicant is seeking an order dispensing with service on the assisted person or represented person, the review officer shall make reasonable efforts to
                                 (a)    meet with the assisted person or represented person in person,
                                 (b)    explain to the assisted person or represented person
                                           (i)    the nature and purpose of the application, and
                                          (ii)    that the assisted person or represented person has the right to attend and make representations at the hearing,
                                     and
                                 (c)    ascertain the views and wishes of the assisted person or represented person respecting the application.
Review officer’s report
58(1)  On receiving a notice of application and hearing under section 56(2), the review officer shall complete the review officer’s report in accordance with this section.
(2)  The review officer’s report must be in a form approved by the Minister and must include the following:
                                 (a)    a summary of the views and wishes of the assisted person or represented person respecting the application or a statement indicating the reasons why it was not possible for the review officer to ascertain the assisted person’s or represented person’s views and wishes;
                                 (b)    a summary of any information of which the review officer is aware that relates to the suitability of any proposed new co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.
(3)  The review officer may include in the review officer’s report the review officer’s comments on any other matter that the review officer considers relevant to the application.
(4)  If a proposed trustee or alternate trustee is a trust corporation, a statement that the proposed trustee or alternate trustee is registered as a trust corporation under the Loan and Trust Corporations Act is sufficient for the purposes of subsection (2)(b).
(5)  The review officer shall
                                 (a)    file the review officer’s report with the Court, and
                                 (b)    provide a copy of the review officer’s report to the applicant at least 2 days before the hearing date.
AR 219/2009 s58;96/2010
Application for Review of Co‑decision‑making, Guardianship or Trusteeship Order by Other Person
Application
59   A person other than a co‑decision‑maker, guardian or trustee may start an application for a review of a co‑decision‑making order under section 21 of the Act, a guardianship order under section 40 of the Act or a trusteeship order under section 70 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39,
                                 (b)    any other documents the applicant intends to rely on in support of the application, and
                                 (c)    if the capacity of the assisted person or represented person is in issue on the application, a capacity assessment report respecting the assisted person or represented person in the form prescribed in the Adult Guardianship and Trusteeship (Ministerial) Regulation.
Service and notice
60(1)  The applicant shall serve the documents filed under section 59 on
                                 (a)    the assisted person or represented person,
                                 (b)    each co‑decision‑maker, guardian, trustee, agent or attorney of the assisted person or represented person, and
                                 (c)    if the applicant is requesting the appointment of a new or additional co‑decision‑maker, guardian or trustee, the review officer.
(2)  The applicant shall send the documents filed under section 59 to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the assisted person or represented person who resides in Canada:
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    if the assisted person or represented person resides in a residential facility, the director of the residential facility;
                                 (c)    if the assisted person or represented person is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.
(3)  Documents must be served under subsection (1) or (2) or sent under subsection (2) at least one month before the hearing date.
(4)  The applicant is not required to send documents under subsection (2)(a) to a person whose address cannot be ascertained by the use of ordinary diligence.
Application for Examination and Approval of Trustee’s Accounts
Financial statements
61   Financial statements submitted or filed on an application for examination and approval of a trustee’s accounts under section 62 or 70 must
                                 (a)    be verified by the affidavit of the trustee, and
                                 (b)    include
                                           (i)    an inventory, in Form 37, to which is attached
                                                  (A)    a current copy of the certificate of title for any land identified in the inventory, and
                                                  (B)    a copy of the most recent statement of account for any bank account or investment account identified in the inventory,
                                          (ii)    a statement of transactions, which may be in Form 36, that contains the information referred to in section 15(1)(b)(i) to (vi) for each transaction that occurred during the period covered by the financial statements, and
                                         (iii)    an overview of trusteeship accounts, in Form 38.
Desk Application
Application
62(1)  A trustee may start a desk application for an examination and approval of the trustee’s accounts under section 63(10) of the Act by submitting the following documents to the review officer:
                                 (a)    an application, in Form 19;
                                 (b)    the affidavit of the applicant, in Form 20;
                                 (c)    the financial statements.
(2)  In addition to the documents referred to in subsection (1), the applicant may submit to the review officer a draft form of order, which may be in Form 23.
(3)  If the applicant has not submitted all of the documents required under subsection (1), the review officer shall advise the applicant that the documents are not complete and may return some or all of the documents that were submitted to the applicant.
Service and notice
63(1)  If the desk application for examination and approval of the trustee’s accounts is being made at the same time as a desk application for a review of the trusteeship order, the review officer shall serve the overview of trusteeship accounts on the represented adult in addition to the documents that are served under section 48(2).
(2)  If the desk application for examination and approval of trustee’s accounts is not being made at the same time as a desk application for a review of the trusteeship order, the review officer shall send the following documents to the represented adult by ordinary mail:
                                 (a)    the application;
                                 (b)    the affidavit of the applicant;
                                 (c)    the overview of trusteeship accounts;
                                 (d)    a notice of application, in Form 21, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer under section 62(1);
                                 (e)    a request for hearing, in Form 31.
(3)  Subject to subsection (4), the review officer shall send the notice of application, the overview of trusteeship accounts and a request for hearing, in Form 31, to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the represented adult who is the subject of the application whose name and address appears in the application and who resides in Canada:
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    any guardian, alternate guardian, trustee, alternate trustee or agent of the represented adult;
                                 (c)    if the application is combined with an application for a review of the trusteeship order, each proposed guardian, alternate guardian, trustee or alternate trustee;
                                 (d)    if the represented adult resides in a residential facility, the director of the residential facility.
(4)  The review officer shall not send documents to a person referred to in subsection (3) if the applicant has, in the application, requested the Court to dispense with notice to the person.
(5)  If the review officer is of the opinion that it would be in the best interests of the represented adult for any other person to be given notice of the application, the review officer may send a notice of application, the overview of trusteeship accounts and a request for hearing to the person.
(6)  Documents must be served under subsection (1) and sent under subsections (2), (3) and (5) at least 20 days before the date for submitting the request for hearing.
AR 219/2009 s63;178/2011
Request for financial statements
64(1)  The represented adult or a person to whom the review officer has sent a notice of the application under section 63 may request the review officer to provide a copy of the financial statements submitted by the applicant in support of the application.
(2)  A request under subsection (1) must be
                                 (a)    in writing, and
                                 (b)    submitted to the review officer before the date for submitting the request for hearing.
(3)  On receiving a request made by a person in accordance with subsections (1) and (2), the review officer shall provide a copy of the financial statements to the person.
Request for hearing
65(1)  The following persons are entitled to request a hearing in respect of an application referred to in section 62(1):
                                 (a)    the represented adult;
                                 (b)    any person to whom a notice of application was sent under section 63;
                                 (c)    any interested person.
(2)  The represented adult may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.
(3)  A person referred to in subsection (1)(b) may request a hearing by completing the request for hearing and submitting it to the review officer on or before the date for submitting the request for hearing.
(4)  An interested person referred to in subsection (1)(c) may request a hearing by completing a request for hearing, in Form 31, and submitting it to the review officer before the review officer files the application with the Court.
Review officer’s report
66(1)  Before filing the application with the Court, the review officer shall complete the review officer’s report in accordance with this section.
(2)  If the desk application for examination and approval of the trustee’s accounts is combined with a desk application for a review of the trusteeship order, the review officer’s report shall, in addition to the information required by section 51(2), include the following:
                                 (a)    information relating to the serving and sending of the overview of trusteeship accounts, and
                                 (b)    a statement that the review officer has not reviewed the financial statements.
(3)  If the desk application for examination and approval of the trustee’s accounts is not combined with a desk application for review of the trusteeship order the review officer shall complete the review officer’s report in accordance with subsections (4) to (6).
(4)  The review officer’s report must be in a form approved by the Minister and include the following:
                                 (a)    a statement that the documents referred to in section 63(2) were sent to the represented adult by ordinary mail;
                                 (b)    a statement identifying the persons to whom the review officer sent the notice of application, the overview of trusteeship accounts and a request for hearing under section 63(3) and (5);
                                 (c)    a statement identifying any persons referred to in section 63(3) to whom the review officer did not send the notice of application, the overview of trusteeship accounts and a request for hearing;
                                 (d)    a statement indicating whether a document referred to in clause (a) or (b) was returned undelivered;
                                 (e)    a statement indicating whether a request for hearing was submitted to the review officer;
                                 (f)    a statement that the review officer has not reviewed the financial statements.
(5)  If the review officer’s report indicates that a request for hearing was submitted to the review officer, the request for hearing must be attached to the report.
(6)  The review officer shall not
                                 (a)    review the financial statements, or
                                 (b)    comment on the substance of the financial statements in the review officer’s report.
(7)  The review officer shall send the applicant a copy of the review officer’s report, including any attachments, by ordinary mail.
Filing of application
67(1)  Where the desk application for examination and approval of the trustee’s accounts is combined with a desk application for a review of the trusteeship order, the review officer shall file the financial statements with the Court at the same time the review officer files or submits the documents referred to in section 52.
(2)  Where the desk application for examination and approval of  the trustee’s accounts is not combined with a desk application for review of the trusteeship order, the review officer shall, as soon as practicable after the latest date for submitting the request for hearing set out in a request for hearing that was served or sent in accordance with section 63, file with or submit to the Court
                                 (a)    the documents submitted to the review officer under section 62,
                                 (b)    the review officer’s report,
                                 (c)    the draft order that was submitted to the review officer by the applicant, if any, and
                                 (d)    if the applicant did not submit a draft order and the review officer has not received a request for hearing, a draft order, in Form 23, prepared by the review officer solely on the basis of the information set out in the application submitted to the review officer.
Powers of Court
68(1)  If the review officer’s report in respect of a desk application for examination and approval of a trustee’s accounts indicates that no person has submitted a request for hearing to the review officer, the Court may
                                 (a)    consider and determine the application in the absence of the applicant and any other persons in accordance with section 111 of the Act, or
                                 (b)    direct that a hearing be held in respect of the application.
(2)  The Court may consider and determine an application under subsection (1)(a) despite evidence that a person to whom a notice of application, overview of trusteeship accounts and request for hearing was sent under section 63 did not receive the notice of application, overview of trusteeship accounts or request for hearing.
(3)  Subject to subsection (4), if the Court considers and determines the application in the absence of the applicant and any other persons in accordance with section 111 of the Act and makes an order, the clerk of the Court shall send a copy of the order by ordinary mail to
                                 (a)    the represented adult,
                                 (b)    the applicant,
                                 (c)    the review officer, and
                                 (d)    each person to whom the review officer sent notice of the application.
(4)  The Court may direct that another form of notice of an order be given to a represented adult or other person referred to in subsection (3) in addition to or in substitution for the notice provided for in subsection (3).
Procedure where hearing required
69(1)  Where a person has requested a hearing in accordance with section 65 or the Court has directed a hearing to be held under section 68, the applicant may, after the review officer has filed the application with the Court, proceed with the application by filing a notice of application and hearing, in Form 39.
(2)  Unless the Court directs otherwise, the applicant shall, at least 20 days before the hearing date,
                                 (a)    serve on the review officer the notice of application and hearing, and
                                 (b)    serve on the represented adult and on any person who submitted a request for hearing
                                           (i)    the notice of application and hearing,
                                          (ii)    the documents submitted to the review officer under section 62, and
                                         (iii)    any other documents on which the applicant intends to rely in support of the application.
(3)  The review officer has no duties or functions in respect of a hearing that proceeds under this section.
AR 219/2009 s69;37/2010
Application Started by Notice of application and hearing
Application
70   A trustee may start an application for examination and approval of the trustee’s accounts under section 63(10) of the Act by filing the following documents with the Court:
                                 (a)    an application, in Form 19;
                                 (b)    the affidavit of the applicant, in Form 20;
                                 (c)    the financial statements;
                                 (d)    a notice of application and hearing, in Form 22.
Service and notice
71(1)  The applicant shall serve the documents referred to in section 70(a), (b) and (d) and the overview of trusteeship accounts on the represented adult.
(2)  The applicant shall serve the notice of application and hearing and the overview of trusteeship accounts on
                                 (a)    each guardian, alternate guardian, trustee or alternate trustee or agent of the represented adult, and
                                 (b)    if the application for examination and approval of the trustee’s accounts is combined with an application for a review of the trusteeship order, each proposed guardian, alternate guardian, trustee or alternate trustee.
(3)  The applicant shall send the notice of application and hearing and the overview of trusteeship accounts to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the represented adult who resides in Canada:
                                           (i)    spouse or adult interdependent partner;
                                          (ii)    parent;
                                         (iii)    child who is 18 years of age or older;
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    if the represented adult resides in a residential facility, the director of the residential facility.
(4)  The applicant is not required to send documents to a person referred to in subsection (3)(a) whose address cannot be ascertained by the use of ordinary diligence.
(5)  Documents must be served under subsections (1) and (2) and sent under subsection (3) at least one month before the hearing date.
Request for documents
72(1)  A person referred to in section 71(1), (2) or (3) may request the applicant to provide a copy of any document that was filed with the Court by the applicant and that was not served on or sent to the person under section 71(1), (2) or (3).
(2)  A request under subsection (1) must be in writing.
(3)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (1) and (2), the applicant shall provide the document to the person 5 days before the hearing date.
AR 219/2009 s72;96/2010
Appointment of Public Trustee to assist
73(1)  When considering an application for examination and approval of a trustee’s accounts, the Court may, with the consent of the Public Trustee, appoint the Public Trustee
                                 (a)    to examine any entry or entries in the financial statements and provide a report to the Court, or
                                 (b)    to retain a chartered accountant, certified general accountant, or certified management accountant to examine any entry or entries in the financial statements and provide a report to the Court.
(2)  In an appointment under subsection (1), the Court
                                 (a)    shall specify the nature, scope, and extent of the examination, and
                                 (b)    may give any direction the Court considers appropriate.
(3)  Fees and disbursements of the Public Trustee or an accountant retained by the Public Trustee in carrying out duties under subsection (1) are payable directly out of the property of the represented adult unless otherwise ordered by the Court.
(4)  A trustee and any other person having knowledge or possession of records relating to the trusteeship shall
                                 (a)    make all relevant records available to the Public Trustee and an accountant retained by the Public Trustee, and
                                 (b)    co‑operate fully with the Public Trustee and an accountant retained by the Public Trustee.
(5)  After completing the examination referred to in subsection (1), the Public Trustee or accountant shall file a written report with the Court and send a copy of the report by ordinary mail to the trustee and to any other person directed by the Court.
Division 2 Other Court Applications
Opinion, advice or direction of Court
74(1)  An assisted adult, co‑decision‑maker, guardian or trustee may start an application for the opinion, advice or direction of the Court under section 20, 39 or 68 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the assisted adult, co‑decision‑maker, guardian or trustee intends to rely on in support of the application.
(2)  The applicant shall serve the  documents referred to in subsection (1) on
                                 (a)    the assisted adult or represented adult,
                                 (b)    any co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the assisted adult or represented adult, and
                                 (c)    any other person who is likely to be directly affected by the order.
AR 219/2009 s74;96/2010
Urgent guardianship or trusteeship order
75(1)  Except as otherwise directed or approved by the Court, an interested person may start an application for an order under section 27 or 48 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the interested person intends to rely on in support of the application.
(2)  Except as otherwise directed or approved by the Court, the applicant shall serve the documents referred to in subsection (1) at least 2 days before the hearing date on
                                 (a)    the adult who is the subject of the application, and
                                 (b)    any supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult.
Order respecting appointment of Public Guardian or Public Trustee
76(1)  The Public Guardian or the Public Trustee may start an application for an order under section 29(2) or 50(2) of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents that the Public Guardian or Public Trustee intends to rely on in support of the application.
(2)  The applicant shall
                                 (a)    serve the documents referred to in subsection (1) on
                                           (i)    the represented adult, and
                                          (ii)    any guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the represented adult,
                                     and
                                 (b)    send the documents referred to in subsection (1) by ordinary mail to
                                           (i)    each of the following relatives of the represented adult who resides in Canada:
                                                  (A)    spouse or adult interdependent partner;
                                                  (B)    parent;
                                                  (C)    child who is 18 years of age or older;
                                                  (D)    sister or brother who is 18 years of age or older;
                                          (ii)    if the represented adult resides in a residential facility, the director of the residential facility, and
                                         (iii)    if the represented adult is a member of an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.
Order to give effect to guardian’s decision
77(1)  A guardian may start an application for an order under section 38 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the guardian intends to rely on in support of the application.
(2)  The applicant shall serve the documents referred to in subsection (1) at least 5 days before the hearing date on
                                 (a)    the represented adult,
                                 (b)    any guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult, and
                                 (c)    any other person who is likely to be directly affected by the order.
Approval of amendment of trusteeship plan
78(1)  A trustee may start an application for an order under section 54(2) of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the trustee intends to rely on in support of the application.
(2)  The applicant shall serve the documents referred to in subsection (1) on
                                 (a)    the represented adult,
                                 (b)    any guardian or agent of the represented adult, and
                                 (c)    any other person who is likely to be directly affected by the order.
Order directing trustee to submit accounts
79(1)  A represented adult or any other person may start an application for an order under section 63(3), (6) or (8) of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the represented adult or other person intends to rely on in support of the application.
(2)  If the application is for an order under
                                 (a)    section 63(3) of the Act, the applicant shall serve the documents referred to in subsection (1) on
                                           (i)    the trustee, and
                                          (ii)    the represented adult;
                                 (b)    section 63(6) of the Act the applicant shall serve the documents referred to in subsection (1) on the trustee; 
                                 (c)    section 63(8) of the Act the applicant shall serve the documents referred to in subsection (1) on
                                           (i)    the represented adult, and
                                          (ii)    the personal representative, attorney or trustee of the deceased or incapacitated trustee.
AR 219/2009 s79;96/2010;178/2011
Order authorizing sale of property that is the subject of a bequest
80(1)  A trustee or affected person may start an application for an order under section 67 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the trustee or affected person intends to rely on in support of the application.
(2)  The applicant shall serve the documents referred to in subsection (1) on
                                 (a)    the represented adult,
                                 (b)    any guardian, trustee or agent of the represented adult, and
                                 (c)    any other person who is likely to be directly affected by the order.
AR 219/2009 s80;96/2010
Determination that adult lacks capacity without appointment of trustee
81(1)  The Indian Act (Canada) is prescribed for the purposes of section 71 of the Act.
(2)  An application under section 71 of the Act may be made only in respect of an adult to whom section 51(1) of the Indian Act (Canada) would apply if the adult were determined to lack capacity in relation to financial matters.
(3)  The following persons may make an application under section 71 of the Act:
                                 (a)    a person who is concerned for the welfare of an adult referred to in subsection (2);
                                 (b)    a person acting under the authority of the federal Minister responsible for the Indian Act (Canada);
                                 (c)    the Public Trustee.
(4)  An applicant may start an application for an order under section 71 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39,
                                 (b)    a capacity assessment report, and
                                 (c)    any other documents the applicant intends to rely on in support of the application.
(5)  The applicant shall serve
                                 (a)    the documents referred to in subsection (4) on
                                           (i)    the adult who is the subject of the application, and
                                          (ii)    the federal Minister responsible for the Indian Act (Canada), and
                                 (b)    the notice of application and hearing on each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application.
(6)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the adult who is the subject of the application who resides in Canada:
                                           (i)    spouse or adult interdependent partner,
                                          (ii)    parent,
                                         (iii)    child who is 18 years of age or older,
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility;
                                 (c)    the Chief of the council of the band.
(7)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (6)(a) whose address cannot be ascertained by the use of ordinary diligence.
(8)  Documents must be served under subsection (4) and sent under subsection (5) at least one month before the hearing date.
(9)  A person referred to in subsection (5)(b) or (6) may request the applicant to provide a copy of any document filed with the Court by the applicant.
(10)  A request under subsection (9) must be in writing.
(11)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (9) and (10), the applicant shall provide the document to the person making the request at least 5 days before the hearing date.
AR 219/2009 s81;96/2010
Resealing of foreign orders
82(1)  A person may start an application for an order under section 73 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the person intends to rely on in support of the application.
(2)  The applicant shall serve the documents filed under subsection (1) on
                                 (a)    the adult who is the subject of the application,
                                 (b)    the review officer,
                                 (c)    each supporter, co‑decision‑maker, guardian, alternate guardian, trustee, alternate trustee, agent or attorney of the adult who is the subject of the application, and
                                 (d)    each proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee.
(3)  The applicant shall send the notice of application and hearing to the following persons by ordinary mail:
                                 (a)    each of the following relatives of the adult who is the subject of the application who resides in Canada:
                                           (i)    spouse or adult interdependent partner,
                                          (ii)    parent,
                                         (iii)    child who is 18 years of age or older,
                                         (iv)    sister or brother who is 18 years of age or older;
                                 (b)    if the adult who is the subject of the application resides in a residential facility, the director of the residential facility;
                                 (c)    if the adult who is the subject of the application is an Indian who is a member of a band and is ordinarily resident on a reserve, the Chief of the council of the band.
(4)  The applicant is not required to send the notice of application and hearing to any person referred to in subsection (3)(a) whose address cannot be ascertained by the use of ordinary diligence.
(5)  Documents must be served under subsection (2) and sent under subsection (3) at least 20 days before the hearing date
(6)  A person referred to in subsection (3) may request the applicant to provide copy of any document filed with the Court by the applicant.
(7)  A request under subsection (6) must be in writing.
(8)  Unless the Court approves a shorter period, on receiving a request made by a person in accordance with subsections (6) and (7), the applicant shall provide the document to the person making the request at least 5 days before the hearing date.
AR 219/2009 s82;178/2011
Temporary protection order
83(1)  The Public Guardian may start an application under section 74 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, and
                                 (b)    any other documents the Public Guardian intends to rely on in support of the application.
(2)  Unless the application is made ex parte or the Court makes an order dispensing with service on the person, the applicant shall serve the documents referred to in subsection (1) on the following persons at least 2 days before the hearing date:
                                 (a)    the adult who is the subject of the application;
                                 (b)    any guardian, trustee, agent or attorney of the adult;
                                 (c)    any other person who is likely to be directly affected by the order.
(3)  Repealed AR 178/2011.
AR 219/2009 s83;178/2011
Order to aid investigation
84(1)  An investigator may make application under section 76(6) of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents that the investigator intends to rely on in support of the application.
(2)  An application under subsection (1) must be made
                                 (a)    on 2 days’ notice to the person in charge of the premises, or
                                 (b)    on notice to another person as directed or approved by the Court.
Review respecting specific decision making
85(1)  A person referred to in section 97(1) of the Act may make an application under that section by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents the person intends to rely on in support of the application.
(2)  The applicant shall serve the documents referred to in subsection (1) at least 7 days before the hearing date on the following persons:
                                 (a)    the adult, for whom a specific decision maker may be or has been selected;
                                 (b)    if a specific decision maker has been selected, the specific decision maker;
                                 (c)    the
                                           (i)    nearest relative of the adult other than the specific decision maker or applicant, or
                                          (ii)    the Public Guardian if there is no nearest relative referred to in subclause (i);
                                 (d)    the Public Guardian if the specific decision maker was authorized by the Public Guardian to be the specific decision maker.
Access to financial information
86(1)  A capacity assessor may make an application under section 103(3) of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39, and
                                 (b)    any other documents that the capacity assessor intends to rely on in support of the application.
(2)  The applicant shall serve the documents referred to in subsection (1) at least one month before the hearing date on the following persons:
                                 (a)    the adult whose capacity is being assessed,
                                 (b)    any supporter, co‑decision‑maker, guardian, trustee, agent or attorney of the adult whose capacity is being assessed, and
                                 (c)    any other person who is likely to be directly affected by the order, including, without limitation,
                                           (i)    the person holding the financial information, and
                                          (ii)    any person with an interest in property to which the information relates.
Order directing capacity assessment
87(1)  The Court may make an order under section 104 of the Act
                                 (a)    on its own motion, or
                                 (b)    on the application of
                                           (i)    the applicant in the proceeding, or
                                          (ii)    a person who is required under this Part to be served with or sent the notice of the application by which the proceeding was started.
(2)  A person referred to in subsection (1)(b) may apply for an order under section 104 of the Act by filing with the Court
                                 (a)    a notice of application and hearing, in Form 39,
                                 (b)    an affidavit of the applicant setting out the reasons why the applicant believes it would be in the best interests of the adult who is the subject of the proceeding for the Court to make the order including the reasons why the applicant believes
                                           (i)    the adult may not have capacity, and
                                          (ii)    the adult is at risk of suffering serious harm or financial loss if the order is not made, and
                                 (c)    any other documents that the applicant intends to rely on in support of the application.
(3)  An applicant shall serve the documents referred to in subsection (2) on
                                 (a)    the adult who is the subject of the application, and
                                 (b)    any other persons as the court may direct or approve.
Appeal to Court of Appeal
Notice of appeal
88   A person appealing an order under the Act to the Court of Appeal shall serve the notice of appeal on
                                 (a)    the adult who is the subject of the order,
                                 (b)    any supporter, co‑decision‑maker, guardian or trustee for the adult who is the subject of the order,
                                 (c)    any attorney under an enduring power of attorney given by the adult who is the subject of the order,
                                 (d)    if the adult who is the subject of the order has made a personal directive, the agent, if any, designated in the personal directive,
                                 (e)    if the adult who is the subject of the order resides in a residential facility, the director of the residential facility, and
                                 (f)    any other persons a judge of the Court of Appeal may direct,
within the time prescribed by the Alberta Rules of Court for service of a notice of appeal in an appeal to the Court of Appeal.
Division 3 General
Withdrawal of consent
89   The form for a withdrawal of the consent of an assisted person to a co‑decision‑making order is set out in Form 13.
Applicant’s duty to obtain information
90   An applicant shall make reasonable efforts to obtain any information that is to be provided in an application to the Court under this Part.
Date of capacity assessment report
91   Unless an application contains a request for the Court to accept a capacity assessment report that was conducted earlier, a capacity assessment report submitted in respect of an application under this Part must be dated not more than 6 months before the date the application is started.
General provisions regarding service
92(1)  If a time is not specified for serving or sending a document under this Part, the document must be served or sent 10 days before the hearing date for the application in respect of which the document is served or sent.
(2)  An affidavit of service may be in Form 40.
Service in respect of person who has not attained age of majority
93   If the person who is the subject of an application for a co‑decision‑making, guardianship or trusteeship order or a review of any of those orders has not attained the age of majority, the documents that are required to be served on the person must also be served on the following:
                                 (a)    any person who is a guardian or trustee for the person under the Family Law Act, the Child, Youth and Family Enhancement Act or the Minors’ Property Act;
                                 (b)    an agent under the Personal Directives Act who has been given authority as agent for the temporary care and education of the person.
Service on review officer
94   Where a document is to be served on a review officer under this Regulation, service may be effected by
                                 (a)    sending the document by recorded mail to the address designated by the Minister for the purposes of this section,
                                 (b)    leaving the document at an office designated by the Minister for the purposes of this section, or
                                 (c)    another method approved by the Minister.
Duplicate service not required
95   Nothing in this Regulation requires
                                 (a)    an applicant, a review officer or other person to
                                           (i)    serve a document on a person on whom the document has been served in another capacity, or
                                          (ii)    send a document to a person on whom the document has been served or to whom the document has been sent in another capacity;
                                 (b)    a review officer or other person to serve on or send to an applicant a document originated by the applicant.
Service or sending of orders
96   Except as otherwise specifically provided in this Regulation or as otherwise directed or approved by the Court, the applicant for an order under the Act shall
                                 (a)    serve any order granted on the application on
                                           (i)    the adult who is the subject of the application, and
                                          (ii)    any other person who was served with notice of the application,
                                     and
                                 (b)    send any order granted on the application to any person who was sent notice of the application in the same manner as the notice was sent.
AR 219/2009 s96;37/2010
Validity of forms and documents
97   A prescribed form or a document prepared in place of a prescribed form is not invalidated nor is there any contravention of this Regulation if there is a deviation from or an addition to or omission from the form or document that
                                 (a)    does not adversely affect the substance of the information required to be provided or that the Court requires to be provided, and
                                 (b)    is not intended to mislead.
Additional consents
98   Notwithstanding any other provision of this Regulation, a review officer may require a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee to sign any form of consent or authorization that is reasonably required to enable the review officer or a person acting on behalf of the review officer to obtain a credit report or criminal records check required under this Part.
Protection of sensitive information
99(1)  If a review officer is of the opinion that a personal reference, credit report or criminal records check contains information that should be brought to the attention of the Court, the review officer shall include a statement to that effect in the review officer’s report and ask the Court for directions.
(2)  Where a review officer requests directions under subsection (1), the review officer shall recommend that the Court consider making an order under section 113(2)(c) of the Act in the event that the Court directs the review officer to file the personal references, credit report or criminal records check with the Court.
(3)  Except as may be directed by the Court under this section, the review officer shall not file with the Court a personal reference, credit report or criminal records check in respect of a proposed co‑decision‑maker, guardian, alternate guardian, trustee or alternate trustee that was provided to or obtained by the review officer.
Costs paid by Crown
100(1)   The Court of Queen’s Bench or the Court of Appeal may order the costs of an application made under the Act to be paid by the Crown in right of Alberta only if
                                 (a)    the application specifically indicates that costs against the Crown will be sought, and
                                 (b)    the Court is satisfied that it would be a hardship to order the costs to be paid by the person making the application, the person in respect of whom the application is made or the estate of the person in respect of whom the application is made.
(2)  An order for costs of an application under the Act paid by the Crown in right of Alberta must not exceed the following amounts:
                                 (a)    $425 plus reasonable disbursements for
                                           (i)    an application for an order appointing a co-decision-maker, guardian or trustee in respect of which a hearing is not held, or
                                          (ii)    an application for a review of an order referred to in subclause (i), in respect of which a hearing is not held;
                                 (b)    for an application other than an application referred to in clause (a), $500 plus reasonable disbursements.
Powers of Court
101(1)  In any matter not provided for in the Act or this Regulation, the Court may follow the Alberta Rules of Court and the procedures of the Court of Queen’s Bench.
(2)   Subject to the Act and subsection (3) the Court may, on any application made under the Act,
                                 (a)    shorten the time for service of any document on any person,
                                 (b)    direct the manner of service, or approve the manner of service, of any document on any person,
                                 (c)    dispense with service on or the sending of any document to any person other than a review officer,
                                 (d)    direct that any document be served on or sent to any person,
                                 (e)    dispense with the filing of any document that is required to be filed by this Regulation, or
                                 (f)    require or permit the filing of any document in addition to or in substitution for any document or documents required to be filed by this Regulation. (3)  On an application for a review of a guardianship or trusteeship order, the Court may dispense with service on the represented person only if the Court is satisfied that notification of the application would be harmful to the represented person.
AR 219/2009 s101;178/2011
Part 3 Expiry and Coming into Force
Expiry
102   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2019.
Coming into force
103   This Regulation comes into force on the coming into force of the Adult Guardianship and Trusteeship Act.
Schedule 1
1   The compensation that is payable to a trustee or trustees under section 66(2) of the Act for a period is determined by the following formula:
A+B = C
where
                                 A      is 2.5% of the money received by the trustee or trustees on behalf of the represented adult during the period;
                                  B     is 2.5% of the payments made by the trustee or trustees on behalf of the represented adult during the period;
                                 C      is the compensation payable to the trustee or trustees.
2(1)  The amount determined in accordance with item 1 is the total compensation payable to the trustee or trustees.
(2)  If there is more than one trustee, the amount determined under item 1 shall be divided among the trustees
                                 (a)    equally,
                                 (b)    as agreed by the trustees, or
                                 (c)    as determined by the Court. Schedule 2
Form 1
Application for Appointment of Co‑decision‑maker Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Application Applicant Name  

  APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)       Law Firm Name Responsible Lawyer’s Name Lawyer’s File Number       Street Address Suite Other Address Information (e.g. P.O. Box)       Phone   City Province Postal Code Fax       E-mail  

1   Information About the Application and Applicant 1.1   This is an application to appoint a co‑decision‑maker for   Name of Adult

  1.2   Are you proposing that your application proceed as a desk application or by hearing? □ Desk You submit the application documents to a review officer. The review officer will serve or send notice of the application to everyone who is required to be served or notified and will file the application documents with the Court. A court hearing before a judge will be required only if someone requests a hearing or a judge directs a hearing. □ Hearing You begin by filing the application documents with the clerk of the Court and setting a date for a hearing before a judge. You must then serve or send notice of the application and hearing to the adult, the review officer, and various other persons. You will then need to complete and file affidavits of service and attend the hearing, either in person or by legal counsel.

  1.3   Are you applying on your own behalf to appoint a co‑decision‑maker for yourself? □ Yes Please skip Question 1.4. □ No

  1.4   What is your relationship to the adult? I am the adult’s:   □ Parent □ Spouse □ Adult interdependent partner □ Child □ Brother/Sister □ Other (describe):  

  1.5   Provide your usual address and contact information, if different than your address for service □ Same as Address for Service
OR       Street Address Suite Other Address Information (e.g. P.O. Box)       Phone   City Province Postal Code Fax       E-mail  

2   Information About the Adult 2.1   What is the adult’s name, date of birth and marital status?         Last Name First Name Middle Name Other (maiden / nickname)       Marital Status □ Single □ Married □ Adult  Interdependent Partnership □ Separated □ Divorced □ Widowed YYYY MM DD Date of Birth

  2.2   What is the adult’s permanent address?       Name of Residential Facility (if any) Street Address Suite         City Province Postal Code Telephone No.

  2.3   What is the adult’s present address, if different from permanent address? □ Same address       Name of Residential Facility (if any) Street Address Suite         City Province Postal Code Telephone No.

3   Information About Current Decision‑making Arrangements for the Adult 3.1   Does the adult already have a supporter under a supported decision‑making authorization or a co‑decision‑maker, guardian, or trustee? □   No Review Date □   Supporter YYYY MM DD □   Co‑decision‑maker       □   Guardian       □ Trustee      

  3.2   Provide the following information for each current supporter, co‑decision‑maker, guardian, alternate guardian, trustee, or alternate trustee:       Last Name First Name Telephone Number         Street Address City Province Postal Code Person is a: □ Supporter □ Guardian □ Trustee   □ Co‑decision‑maker □ Alternate Guardian □ Alternate Trustee       Last Name First Name Telephone Number         Street Address City Province Postal Code Person is a: □ Supporter □ Guardian □ Trustee   □ Co‑decision‑maker □ Alternate Guardian □ Alternate Trustee

  3.3   Has the adult signed an enduring power of attorney? If yes, provide the following information for each attorney: □ Yes □ No       Last Name First Name Telephone Number         Street Address City Province Postal Code       Last Name First Name Telephone Number         Street Address City Province Postal Code

 

  3.4   Does the adult have a personal directive? □ Yes □ No

  If yes, has an agent been named under the personal directive? □ Yes □ No

  If yes, provide the following information for the agent.       Last Name First Name Telephone Number         Street Address City Province Postal Code Areas of agent’s authority that may impact the application         Last Name First Name Telephone Number         Street Address City Province Postal Code Areas of agent’s authority that may impact the application  

4   Information About Family Members and Other Interested Persons 4.1   Provide the following information for each living family member of the adult who fits into any of the following categories and lives in Canada: ● Spouse
● Parents
● Children 18 years of age or older ● Adult interdependent partner
● Brothers and sisters 18 years of age or older       Last Name First Name Family Relationship to Adult       Street Address Suite Other Address Information (e.g. P.O. Box / Station)         City Province Postal Code       Last Name First Name Family Relationship to Adult       Street Address Suite Other Address Information (e.g. P.O. Box / Station)         City Province Postal Code 4.2   If the adult is an Indian who is a member of a band and is ordinarily resident on a reserve, provide the following information: Name of Band         Street Address Suite Other Address Information (e.g. P.O. Box)       Phone City Province Postal Code Fax     E‑mail 4.3   If there are any other interested persons who are 18 years age or older who you think should be given notice of this application, please provide their contact information and their relationship to the adult.       Last Name First Name Relationship to Adult       Street Address Suite Other Address Information (e.g. P.O. Box / Station)         City Province Postal Code

5   Information about Proposed Co‑decision‑maker(s) 5.1   Provide the following information for each proposed co‑decision‑maker:       Last Name First Name Telephone Number         Street Address City Province Postal Code       Last Name First Name Telephone Number         Street Address City Province Postal Code

  6.1   For which of the following personal matters are you proposing that the adult be required to make decisions with a co‑decision‑maker? [Check all that are applicable] □   the adult’s health care □ where, with whom and under what conditions the adult is to live, either permanently or temporarily □ the persons with whom the adult may associate □ the adult’s participation in social activities □ the adult’s participation in any educational, vocational or other training □ the adult’s employment □ the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult □ any other personal matter the Court considers necessary, specifically:  

  6.2   If you are proposing the appointment of two or more decision-makers, indicate whether you are requesting the Court to authorize the co‑decision‑makers to act jointly, separately, or successively. □   Jointly □   Separately (describe below): □   Successively (describe below):    

  6.3   Are you requesting the Court to specify in the co‑decision‑making order that a contract respecting a personal matter is voidable unless it is in writing and signed by the adult and the co‑decision‑maker? □   Yes □   No

  6.4   Does the capacity assessment report indicate that the adult’s capacity to make decisions in personal matters is likely to improve? □ Yes □ No If yes, you must propose a review date below. If no, you may propose  a review date or request the Court not to require a review within a certain period.* □ I propose* that the Court require the order to be reviewed within   years. □ I propose* that the Court  not require the order to be reviewed within a certain period. * Your affidavit must state why you believe your proposal regarding review of the order is in the best interest of the adult.
7   Other Documents Submitted with Application 7.1   Along with this application form, I am submitting the following application documents to be filed with the clerk of the Court (check all that apply): □ Affidavit of applicant □ Capacity assessment report dated * □ Consent of adult to appointment of co‑decision‑maker □ Consent to act of each proposed co‑decision‑maker □ Notice of Application and Hearing (if not proposing that application proceed as desk application) *The capacity assessment report must be dated not more than 6 months before you start the application unless you are specifically requesting the Court to accept an older report. (You may make a request by completing 9.2 below.)

  7.2   I am submitting or will submit the following documents to a review officer. I understand these documents will not be filed with the Court unless the Court subsequently directs the review officer to do so: □ 2 personal references for each co‑decision‑maker

8   Request to Dispense with Service or Notice 8.1   Are you requesting the Court to dispense with the requirement to give notice of this application to a person (other than the adult) to whom notice must otherwise be given? □ No   □ Yes Give the following information for each person for whom you are asking the Court to dispense with notice. Your affidavit must state why you are requesting the Court to dispense with the requirement to give notice to the person. Name of Person Person’s Relationship to Adult     NOTE:   On a desk application the review officer will NOT send notice of the application to a person to whom you request the Court to dispense with notice. If you make such a request but the Court decides not to dispense with notice, a decision on your application will be delayed until the person is notified and given an opportunity to respond.
9   Costs and Other Matters 9.1   How or by whom do you request all or part of the costs (i.e. legal fees, if applicable, and disbursements) of the application to be paid? □ I am asking the Court to order that my lawyer’s fees for this application □ in the amount of $   □ in an amount to be assessed   plus reasonable disbursements, be paid by or from the property of the adult. □ I am asking the Court to order that the reasonable disbursements only be paid by or from the property of the adult. □ I am asking the Court to order that the costs be paid by the Crown and have provided supporting information in my affidavit. □ I am not asking the Court to make an order regarding costs. I will pay the costs myself. □ Other:  

  9.2   Are you requesting the Court to give any direction, approval or dispensation not already described in this application? □   No   □ Yes Describe the requested direction, approval or dispensation.  

AR 219/2009 Sched. 2 Form 1;164/2010
Form 2
Affidavit of Applicant Application to Appoint Co‑decision‑maker Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Affidavit of Applicant

  The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.
  I,   of   ,   Name   Address having personal knowledge of the facts and matters referred to in this affidavit except where stated to be based on information and belief, swear or affirm as follows:

1   I make this affidavit in support of my application to appoint a co‑decision‑maker for  < name of adult > who is referred to in this affidavit as “the adult”.
2   I have personally completed or carefully read the application form and all other forms and documents set out in item 7 of the application form, and to the best of my knowledge the information in them is accurate and complete.
3   I believe the adult’s capacity to make decisions about the personal matters for which I am requesting the Court to appoint a co‑decision‑making order is significantly impaired, but that the adult would have the capacity to make such decisions if provided with appropriate guidance and support. This belief is based on my review of the capacity assessment report.
4   The following alternative measures that are less intrusive and less restrictive than co‑decision‑making have been implemented and have not been effective in meeting the adult’s needs for the following reason(s):
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:

[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:  

[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:  

[Include in all cases] 1.6   This order is subject to the following conditions, limits, or requirements:      

[Include if the adult is subject to a guardianship order that is to be terminated] 1.7   The guardianship order dated is terminated.
[Include in all cases] 1.8        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 Queen’s Bench of Alberta  

CONSENTED TO BY:
________________________                   ______________________________
Signature of adult                                                   Signature of witness                          
________________________                   ______________________________
Date signed                                                              Print full name of witness                
AR 219/2009 Sched. 2 Form 5;164/2010;178/2011
Form 6
Application Review of Co‑decision‑making Order Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Application Applicant  

  APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)       Law Firm Name Responsible Lawyer’s Name Lawyer’s File Number       Street Address Suite Other Address Information (e.g. P.O. Box)       Phone   City Province Postal Code Fax       E-mail  

1   Information About the Application 1.1   This application is for review of a co‑decision‑making order granted on   and most recently reviewed (if ever) on         Date of Prior Review (if any)  

  1.2   Are you proposing that your application proceed as a desk application or by hearing?
  □ Desk You submit the application documents to a review officer. The review officer will serve or send notice of the application to everyone who is required to be served or notified and will file the application documents with the Court. A court hearing before a judge will be required only if someone requests a hearing or a judge directs a hearing. □ Hearing You begin by filing the application documents with the clerk of the Court and setting a date for a hearing before a judge. You must then serve or send notice of the application and hearing to the adult, the review officer, and various other persons. You will then need to complete and file affidavits of service and attend the hearing, either in person or by legal counsel.

  2.1   What is the adult’s name, date of birth and marital status?         Last Name First Name Middle Name Other (maiden / nickname)       Marital Status □ Single □ Married □ Adult  Interdependent Partnership □ Separated □ Divorced □ Widowed YYYY MM DD Date of Birth

  2.2   What is the adult’s permanent address?       Name of Residential Facility (if any) Street Address Suite         City Province Postal Code Telephone No.

  2.3   What is the adult’s present address, if different from permanent address? □ Same address       Name of Residential Facility (if any) Street Address Suite         City Province Postal Code Telephone No.

3   Information About Co‑decision‑makers and Agents 3.1   Provide the following information for each person who is CURRENTLY a co‑decision‑maker of the adult or who is PROPOSED for any of these positions. Indicate both the current and proposed position, if any, for each person.       Last Name First Name Telephone Number         Street Address City Province Postal Code Who is □ currently a co‑decision‑maker  and / or   □ proposed as a co‑decision‑maker       Last Name First Name Telephone Number         Street Address City Province Postal Code Who is □ currently a co‑decision‑maker  and / or   □ proposed as a co‑decision‑maker

 

  3.4   Does the adult have a personal directive? □ Yes □ No

  If yes, has an agent been named under the personal directive? □ Yes □ No

  If yes, provide the following information for the agent       Last Name First Name Telephone Number         Street Address City Province Postal Code Areas of agent’s authority that may impact the application         Last Name First Name Telephone Number         Street Address City Province Postal Code Areas of agent’s authority that may impact the application  

4   Information About Family Members and Other Interested Persons 4.1   Provide the following information for each living family member of the adult who fits into any of the following categories and lives in Canada: ● Spouse
● Parents
● Children 18 years of age or older ● Adult interdependent partner
● Brothers and sisters 18 years of age or older       Last Name First Name Family Relationship to Adult       Street Address Suite Other Address Information (e.g. P.O. Box / Station)         City Province Postal Code       Last Name First Name Family Relationship to Adult       Street Address Suite Other Address Information (e.g. P.O. Box / Station)         City Province Postal Code

  4.2   If the adult is an Indian who is a member of a band and is ordinarily resident on a reserve, provide the following information:
  Name of First Nation Band         Street Address Suite Other Address Information (e.g. P.O. Box)       Phone City Province Postal Code Fax     E‑mail

  4.3   If there are any other interested persons 18 years of age or older who you think should be given notice of this application, please provide their contact information and their relationship to the adult.
        Last Name First Name Relationship to Adult       Street Address Suite Other Address Information (e.g. P.O. Box / Station)         City Province Postal Code

5   Information About Order Requested on Review 5.1   What are you requesting the Court to do (check all that apply)? □ Continue the co‑decision‑making order   □ as is without any amendment (except for the required review date, if any)   □ with amendments as requested □ Terminate the co‑decision‑making order □ Replace the co‑decision‑making order* □ Discharge the following person(s) as co‑decision‑maker    

  5.2   Unless you are requesting the Court to terminate the co‑decision‑making order, indicate the personal matters for which the co‑decision‑maker CURRENTLY must make decisions with a co‑decision‑maker and the personal matters for which you are PROPOSING the adult be required to make decisions with a co‑decision‑maker?    [Check all that are applicable] Now Proposed   □ □ the adult’s health care □ □ where, with whom and under what conditions the adult is to live, either permanently or temporarily □ □ the persons with whom the adult may associate □ □ the adult’s participation in social activities □ □ the adult’s participation in any educational, vocational or other training □ □ the adult’s employment □ □ the carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult □ □ any other personal matter the Court considers necessary, specifically:    

  5.3   If you are proposing the appointment of two or more decision-makers, indicate whether you are requesting the Court to authorize the co‑decision‑makers to act jointly, separately, or successively. □   Jointly □   Separately (describe below): □   Successively (describe below):    

  5.4   Are you requesting the Court to specify in the co‑decision‑making order that a contract respecting a personal matter is voidable unless it is in writing and signed by the adult and the co‑decision‑maker? □   Yes □   No

  5 .5   Does the capacity assessment report indicate that the adult’s capacity to make decisions in personal matters is likely to improve? □ Yes □ No If yes, you must propose a review date below. If no, you may propose  a review date or request the Court not to require a review within a certain period.* □ I propose* that the Court require the co‑decision‑making order to be reviewed within   years. □ I propose* that the Court not require the order to be reviewed within a certain period.     * Your affidavit must state why you believe your proposal is in the best interest of the adult.
6   Other Documents Submitted with Application 6.1   Along with this application form, I am submitting the following application documents to be filed with the clerk of the Court (check all that apply): □ Affidavit of applicant □ Consent of proposed assisted adult □ Capacity assessment report dated * □ Consent to act of each proposed co‑decision‑maker □ Notice of application and hearing (if not proposing that application proceed as desk application) * The capacity assessment report must be dated within 6 months of when you start the application unless you are specifically requesting the Court to accept an older report. (You may make a request by completing 8.2 below.)
  6.2   I am submitting or will submit the following documents to a review officer for each proposed co‑decision‑maker who is not already a co‑decision‑maker. I understand these documents will not be filed with the Court unless the Court subsequently directs the review officer to do so: □ 2 personal references for each co‑decision‑maker

7   Request to Dispense with Notice 7.1   Are you requesting the Court to dispense with the requirement to give notice of this application to a person (other than the adult) to whom notice must otherwise be given? □ No   □ Yes Give the following information for each person for whom you are asking the Court to dispense with notice. Your affidavit must state why you are requesting the Court to dispense with the requirement to give notice to the person. Name of Person Person’s Relationship to Adult        

  NOTE:   On a desk application the review officer will NOT send notice of the application to a person to whom you request the Court to dispense with notice. If you make such a request but the Court decides not to dispense with notice, a decision on your application will be delayed until the person is notified and given an opportunity to respond.
8   Costs and Other Matters  8.1   How or by whom do you request all or part of the costs (i.e. legal fees, if applicable, and disbursements) of the application to be paid? □ I am asking the Court to order that my lawyer’s fees for this application □ in the amount of $   □ in an amount to be assessed   plus reasonable disbursements, be paid by or from the property of the adult. □ I am asking the Court to order that the reasonable disbursements only be paid by or from the property of the adult. □ I am asking the Court to order that the costs be paid by the Crown and have provided supporting information in my affidavit. □ I am not asking the Court to make an order regarding costs. I will pay the costs myself. □ Other:  

  8.2   Are you requesting the Court to give any authority, direction, approval or dispensation not already described in this application? □   No   □ Yes Describe the requested authority, direction, approval or dispensation.  

      Applicant’s Signature or Signature of Lawyer on behalf of Applicant Date

AR 219/2009 Sched. 2 Form 6;164/2010;178/2011
Form 7
Affidavit of Applicant Review of Co‑decision‑making Order Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Affidavit of Applicant

  The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.
  I,   of   ,   Name   Address having personal knowledge of the facts and matters referred to in this affidavit except where stated to be based on information and belief, swear or affirm as follows:

1   I am a co‑decision‑maker for (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:

[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 < Name of co‑decision‑maker to be discharged>          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:  

[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:  

[Include in all cases] 2.6   This order is subject to the following conditions, limits, or requirements:      

  2.7            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 □ Reasonable disbursements only shall be paid by □ 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 Queen’s Bench of Alberta

CONSENTED TO BY:
________________________                   ______________________________
Signature of adult                                                   Signature of witness                          
________________________                   ______________________________
Date signed                                                              Print full name of witness                
AR 219/2009 Sched. 2 Form 10;164/2010;178/2011
Form 11
Consent of Proposed Assisted Adult Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document 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

 
Form 12
Consent of Proposed Co‑decision‑maker Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Co‑decision‑maker Applicant Name  

  1   I, < name of proposed co‑decision‑maker>,  consent to act as co‑decision‑maker for < name of adult> (“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

Form 13
Withdrawal of Consent of Assisted Person Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document 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 Queen’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.
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
Form 14
Application for Appointment of Guardian, Trustee or Both Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Application Applicant Name  

  APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)       Law Firm Name Responsible Lawyer’s Name Lawyer’s File Number       Street Address Suite Other Address Information (e.g. P.O. Box)       Phone   City Province Postal Code Fax       E-mail  

1   Information About the Application and Applicant 1.1   □    For what type(s) of order are you applying? (check either box or both, as applicable) □ Appointment of guardian(s) for the adult □ Appointment of trustee(s) for the 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   What is your relationship to the adult? I am the adult’s:   □ Parent □ Spouse □ Adult interdependent partner □ Child □ Brother / Sister □ Other (describe):  

  1.4   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 each 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 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 Proposed Guardian(s), Alternate Guardian(s), Trustee(s) and Alternate Trustee(s) 5.1   Provide the following information about each proposed guardian, alternate guardian, trustee and alternate trustee:       Last Name First Name Telephone Number         Street Address City Province Postal Code Proposed as: □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee

        Last Name First Name Telephone Number         Street Address City Province Postal Code Proposed as: □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee

6   Information About Proposed Guardianship Order Complete this item if requesting appointment of a guardian for the adult.
  6.1   For which of the following personal matters of the adult are you proposing that the guardian have authority to act and make decisions? [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   Are you requesting the Court to make an order under section 31(2) of the Act where there are two or more guardians? □ No □ Yes If yes, describe the order you are requesting the Court to make:  

  6.3   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   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   Information About Proposed Trusteeship Order Complete this item if requesting appointment of a trustee for the adult.
  7.1   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?
  □ Yes* □ No   *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 (s54(5)(a) of the Act):      

  □ Extend the trustee’s authority to the following land situated outside of Alberta, subject to the laws of the jurisdiction where the land is located (s54(5)(b) of the Act):      

  □ 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 (s54(6) of the Act):
    Maximum permitted monthly deposit to account: $   Maximum permitted balance of account: $

  □ Authorize the trustee to sell, encumber or purchase real property of or for the adult, as detailed below (s55(2) of the Act):      

  □ Give exclusive authority to   over the following financial matters (s52(2)(a) of the Act): Name of Trustee      

  □ Authorize any one of the trustees to act separately in respect of the following financial matters of the adult (where there will be two or more trustees — s52(2)(b) of the Act):      

  □ Approve the following security to be provided by a non-resident trustee (s49(5) of the Act):      

  □ Dispense with requirement for a non-resident trustee to provide a bond or other security (s49(6) of the Act)
  7.2   What is your proposal regarding periodic examination and approval of the trustee’s accounts by the Court?* □ I propose the Court require the trustee to submit accounts for the Court’s examination and approval within   years. □ I propose the trustee not be required 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 accounts is in the best interest of the adult.

  7.3   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   years. □ 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 interest 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 □ Capacity assessment report dated * □ Guardianship plan □ Trusteeship plan □ Consent to act of each proposed guardian, alternate guardian, trustee, and alternate trustee □ Notice of Application and Hearing (if not proposing that application proceed as desk application)   Documents relating to current decision-making arrangements for adult (if any and available):   □ Supported decision-making authorization   □ Personal directive   □ Enduring power of attorney   □ Co‑decision‑making order   □ Trusteeship order   □ Guardianship order   If applying to appoint a trustee, either: □ inventory of adult’s assets and liabilities, OR □ undertaking of trustee(s) to file inventory after appointment *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 10.2 below.)

  8.2   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 proposed guardian, alternate guardian, trustee, or alternate trustee where required by the Adult Guardianship and Trusteeship Regulation.

9   Request to Dispense with Service or Notice 9.1   The Court may dispense with service of the application documents on the adult only 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? □ No □ Yes The capacity assessment report must state that service is likely to cause harm to the adult or you must provide other evidence that service will cause harm to the adult.

  9.2   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.
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 $   □  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 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 14;37/2010;96/2010;164/2010
Form 15
Affidavit of Applicant Application to Appoint Guardian, Trustee or Both Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)       Document Affidavit of Applicant

  The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.
  I,   of   ,   Name   Address having personal knowledge of the facts and matters referred to in this affidavit except where stated to be based on information and belief, swear or affirm as follows:

1   Information applicable to all applications This section of the affidavit must be completed for all applications.
1.1   I make this affidavit in support of an application to appoint a < e.g. guardian and trustee > for  < name of adult > who is referred to in this affidavit as “the adult”.
1.2   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 applicable to applications to appoint a 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 and the following headings and paragraphs renumbered accordingly.
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):
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 to meet the needs of the adult for the following reasons:
  Note:   To make a guardianship 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.>
 
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:
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:
2.6   I believe that my proposal with respect to periodic review of the guardianship 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   Information applicable to applications to appoint a 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:
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:
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:
3.5   I believe that my proposal with respect to periodic examination and approval of trusteeship accounts by the Court, as set out in item 7.2 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 7.3 of the application form, is in the best interests of the adult for the following reasons:   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 to provide a bond.

4   Request to Dispense with Notice NOTE:   Include this section 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.
4.1   I am requesting the Court to dispense with the requirement to send notice of the application to for the following reason:
5   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.
5.1   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 estate and personal property not mentioned above $ Estimated total debts $

5.2   It would be a hardship for me, as applicant, to pay the costs of this application personally.
5.3   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. 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.Form 15;37/2010;96/2010
Form 16
Notice of Application Appointment of Guardian, Trustee or Both Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)       Document Notice of Application Applicant  

  Items that are inapplicable to an application should be omitted.
  1   An application has been started by   to appoint one or more persons as □ guardian □ trustee for   (“adult”) on the ground that the adult lacks capacity to make decisions about personal matters or financial matters.

  2   The application requests the Court to appoint the following persons to the positions indicated: Name Relationship to Adult Proposed Position     □ Guardian □ Trustee □ Alternate Guardian □ Alternate Trustee     □ Guardian □ Trustee □ Alternate Guardian □ Alternate Trustee

  3   The application requests that the Court give the guardian authority to make decisions regarding the following personal matters of the adult: □ 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   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.  The box below will be checked if the application asks the Court to authorize a trustee to sell land of the adult. □ The application asks the Court to authorize the trustee to sell land owned by the adult.

  5   The Court may consider the application and grant an order without holding a hearing unless the person who is the subject of the application or 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 □ Guardianship plan □ Trusteeship plan

    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 16;178/2011
Form 17
Notice of Application and Hearing Appointment of Guardian, Trustee or Both Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Notice of Application and Hearing Applicant  

  Items that are inapplicable to an application should be omitted.
  1   An application has been started by   to appoint one or more persons as □ guardian □ trustee for   (“adult”) on the ground the adult lacks capacity to make decisions about personal matters and/or financial matters.

  2   The application will be heard by a judge of the Court of Queen’s Bench of Alberta as follows: Date:     Time:     Place:      

  3   The application requests the Court to appoint the following persons to the positions indicated: Name Relationship to Adult Proposed Position     □ Guardian □ Trustee □ Alternate Guardian □ Alternate Trustee     □ Guardian □ Trustee □ Alternate Guardian □ Alternate Trustee

  4   The application requests that the Court give the guardian authority to make decisions regarding the following personal matters of the adult: □ 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   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.  The box below will be checked if the application asks the Court to authorize a trustee to sell land of the adult. □ The application asks the Court to authorize the trustee to sell land owned by the adult.

  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 □ Affidavit of applicant □ Capacity assessment report □ Guardianship plan □ Trusteeship plan

  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 17;178/2011
Form 18
Order Appointment of Guardian, Trustee or Both Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Order Applicant  

 
APPLICANT’S ADDRESS FOR SERVICE AND CONTACT INFORMATION:____________________________ Date on which Order was granted:                                                                                      Location at which Order was granted:                                                                                 Name of judge who granted this Order:     The Honourable Justice                                   

  Include only those provisions that are appropriate to the application presented to the Court. Standard provisions should be modified as appropriate to the context (e.g. to refer to multiple guardians or trustees).
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 guardianship order]
      ●     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 to meet 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 trusteeship order]
      ●     has determined that the conditions for appointment of a trustee are satisfied, namely,
              ●   the adult does not have the capacity to make decisions respecting any or all 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.
And the Court Orders:
[Note: Delete all of section 1 if application is not for appointment of guardian and renumber the following sections and paragraphs accordingly]
1   Appointment of Guardian
[Include in all cases where application is for appointment of guardian] 1.1 is (are) appointed guardian 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:  

Include only if requested in application] 1.2 < Name of one of two or more guardians> has (have) exclusive authority to act and make   decisions respecting the following personal matters of the adult:  

[Include only if requested in application] 1.3 The guardians must act jointly with respect to the following personal matters of the adult:  

[Include only if requested in application] 1.4 < Name of alternate guardian(s)> is (are) appointed as alternate   guardians for the adult with  authority to act as guardian without further proceeding on an event referred to in section 32(3) of the Act.

[Include in all cases where application is for appointment of guardian] 1.5 The guardianship plan as submitted is approved.
[Include in all cases where application is for appointment of guardian] 1.6 The authority of the guardian is subject to the following conditions, limits or requirements:      

[Include only if requested in application] 1.7 The authority of   under the adult’s personal directive dated   □ is wholly terminated □ is terminated for the following areas of authority but otherwise remains in effect:  

[Include in all cases where application is for appointment of guardian] 1.8    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 represented person that the guardian considers would make a variation or termination of the order in the represented 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 the adult is the subject of a co‑decision‑making order] 1.9 The co‑decision‑making order dated is hereby terminated.
[Note: Delete all of section 2 if application is not for appointment of trustee and renumber the following sections and paragraphs accordingly]
2   Appointment of Trustee
[Include in all cases where application is for appointment of trustee] 2.1 is (are) appointed trustee of
[Include only if requested in application] 2.2 < Name of alternate trustee> is (are) appointed alternate trustees for the adult with   authority to act as trustee(s) without further proceeding on an event referred to in section 53(3) of the Act.

[Include unless application requests narrower scope for order] 2.3 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] 2.4 This trusteeship order applies only to the following property or financial matter(s) of the adult:      

[Include only if requested in application] 2.5 To the extent it is recognized by the courts of, and subject to compliance with the laws of, this order applies to the following real property of the adult:        

[Include in all cases where application is for appointment of trustee] 2.6 The trusteeship plan as submitted is approved.
[Include in all cases where application is for appointment of trustee] 2.7 Except as otherwise provided by the Act, the regulations or this order, the trustee has 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;
●sign all documents and do all things necessary to give effect to any power or authority vested in the trustee.
[Include unless Public Trustee is proposed trustee] 2.8 The trustee has no authority to sell, transfer, or encumber real property of the adult, or to purchase real property on behalf of the adult, except as follows:
●  the trustee may lease real property of the adult for a term not exceeding 3 years;
●  the trustee 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 is authorized to:    

[Include only if requested in application] 2.9 The trustee is 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] 2.10 has exclusive authority with respect to the following   financial matters of the adult:

[Include only if requested in application] 2.11 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:  

[Include in all cases where application is for appointment of trustee] 2.12 The trustee’s authority is subject to the following additional limits or conditions:          

[Include in all cases where application is for appointment of trustee] 2.13 must apply for a review of this trusteeship order   □ within   years of the date of this order, OR   □ as circumstances require (no fixed review date),   AND in any event   ●  if there has been a significant change in the needs, circumstances or capacity of the represented person that the trustee considers would make a variation or termination of the order in the represented 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. 2.14 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 in all cases where application is for appointment of trustee] 2.15 must submit trusteeship 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 the adult is the subject of a co‑decision‑making order] 2.16 The co‑decision‑making order dated is hereby terminated.
[Include if the adult has signed an enduring power of attorney] 2.17 The enduring power of attorney dated is terminated.
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   □ 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.

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 represented adult is dispensed with. □ Notice of this application to the following person(s) 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 if application is made in respect of a person who has not attained the age of majority as provided by section 24(1) or 43(2) of the Act] 4.3   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.     Justice of the Court of Queen’s Bench of Alberta  

AR 219/2009 Sched. 2 Form 18;96/2010;164/2010;178/2011
Form 19
Application for Review of Guardianship or Trusteeship Order or for Examination and Approval of Trusteeship Accounts (in any combination) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Application Applicant  

  APPLICANT’S ADDRESS FOR SERVICE (Omit lawyer information if inapplicable)       Law Firm Name Responsible Lawyer’s Name Lawyer’s File Number       Street Address Suite Other Address Information (e.g. P.O. Box)       Phone   City Province Postal Code Fax       E-mail  

1   Information About the Application 1.1   Which of the following are you applying for (check all that apply and provide relevant dates)?
  □ Review of a guardianship order granted on   and most recently reviewed (if ever) on   □ Review of a trusteeship order granted on   and most recently reviewed (if ever) on   □ Examination and approval of accounts for a trusteeship order granted on   and for which accounts were most recently approved (passed) on  

  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   Information About the Represented 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 YYYY MM DD □   Adult Interdependent Partnership □ Separated Date of Birth □ Divorced □ Widowed

  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 Guardians, Trustees, Attorneys and Agents 3.1   Provide the following information for each person who is CURRENTLY a guardian, alternate guardian, trustee or alternate trustee 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 Currently: □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee Proposed as: □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee

        Last Name First Name Telephone Number         Street Address City Province Postal Code Currently: □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee Proposed as: □ Guardian □ Alternate Guardian □ Trustee □ Alternate Trustee

  3.2   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

  3.3   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 each agent:

  1       Last Name First Name Telephone Number         Street Address City Province Postal Code Areas of agent’s authority that may impact the application  

  2       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 of 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 who 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 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 for Guardianship Order Review Complete this item if you are applying for a review of a guardianship order.
  5.1   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 □ 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   Unless you are requesting the Court to terminate the guardianship order, indicate the personal matters for which the guardian CURRENTLY has authority and the personal matters for which you are PROPOSING the guardian be given authority when the order is reviewed. [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 □ * 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 might be identified in a guardianship order made under the Dependent Adults Act.

  5.3   Are you requesting the Court to make an order under section 31(2) of the Act where there are two or more guardians? □ No □ Yes If yes, describe the order you are requesting the Court to make:  

  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   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 interests of the adult.

6   Information for Trusteeship Order Review Complete this item if you are applying for review of a trusteeship order.
  6.1   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(s) 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?
  □ Yes* □ No   * 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 (s54(5)(a) of the Act):        

  □ Extend the trustee’s authority to the following land situated outside of Alberta, subject to the laws of the jurisdiction where the land is located (s54(5)(b) of the Act):        

  □ 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 (s54(6) of the Act):
    Maximum permitted monthly deposit to account: $   Maximum permitted balance of account: $

  □ Authorize the trustee to sell, encumber or purchase real property of or for the adult, as detailed below (s55(2) of the Act):        

  □ Give exclusive authority to   over the following financial matters (s52(2)(a) of the Act): Name of Trustee        

  □ Authorize any one of the trustees to act separately in respect of the following financial matters of the adult (where there will be two or more trustees — s52(2)(b) of the Act):        

  □ Approve the following security to be provided by a non-resident trustee (s49(5) of the Act):        

  □ Dispense with requirement for a non-resident trustee to provide a bond or other security (s49(6) of the Act)
  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   years. □ 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  is in the best interests of the adult.

7   Information for Examination and Approval of Accounts Complete this item if you are applying for examination and approval of trusteeship accounts.
  7.1   The Court is requested to examine and approve the trustee’s accounts for the accounting period   from   to    

  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 asking for compensation for the accounting period. □ other (describe):

  7.3   What is your proposal regarding subsequent examination and approval of the trustee’s accounts by the Court?
  □ I propose the Court require the trustee to submit accounts for the Court’s examination and approval within   years. □ I propose the trustee not be required to submit accounts for the Court’s examination and approval within a certain period.

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 □ Capacity assessment report dated * □ Guardian’s record of decisions □ Guardianship plan □ Trusteeship plan □ Consent to act of each proposed guardian, alternate guardian, trustee, or alternate trustee □ Notice of Application and Hearing (if not proposing that application proceed as desk application)   Documents relating to other current decision-making arrangements:   □ Personal directive □ Enduring power of attorney □ Financial statements (for examination and approval of accounts) including:   □ Overview of Trusteeship Accounts   □ Inventory   □ Statement of Transactions   □ Other (describe):       * 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 10.2 below.)

  8.2   I am submitting or will submit the following documents to a review officer 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 these documents will not be filed with the Court unless the Court subsequently directs the review officer to do so: □ 2 personal references

9   Request to Dispense with Service or Notice 9.1   The Court may dispense with service of the application documents on the adult only 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? □ No □ Yes The capacity assessment report must state that service is likely to cause harm to the adult or you must provide other evidence that service will cause harm to the adult.

  9.2   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.
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 $   □  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 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 19;96/2010;164/2010
Form 20
Affidavit of Applicant Review of Guardianship or Trusteeship Order or Examination and Approval of Trusteeship Accounts (in any combination) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)       Document Affidavit of Applicant

  The contents of this affidavit must be adjusted as necessary to ensure that your affidavit accurately reflects the circumstances of your application.
  I,   of   ,   Name   Address having personal knowledge of the facts and matters referred to in this affidavit except where stated to be based on information and belief, swear or affirm as follows:

1   Information applicable to all applications This section of the affidavit must be completed for all applications.
  1.1 I am the □ guardian □ trustee for   (the “adult”). 1.2   I make this affidavit in support of my application for   □ review of the guardianship order   □ review of the trusteeship order   □ examination and approval of accounts for the accounting period beginning   and ending  

1.3   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 8 of the application form, and to the best of my knowledge the information in them is accurate and complete.
2   Information Applicable to Guardianship Review This section of the affidavit must be completed if you are applying for review of a guardianship order. Otherwise, this section should be omitted and the following sections and paragraphs renumbered accordingly.
2.1   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.
2.2   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 reasons:
2.3   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:
2.4   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:
2.5   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:
3   Information Applicable to Trusteeship Review This section of the affidavit must be completed if you are applying for review of a trusteeship order. Otherwise, this section should be omitted and following sections and paragraphs renumbered accordingly.
3.1   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.
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:
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 continue the trusteeship order with amendments, if any, requested in my application:
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: 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:  

[Include only if requested in application] 1.2 The guardianship order is terminated.
[Include only if requested in application] 1.3 < Name of guardian who is to be discharged> Is discharged as guardian of the adult.
[Include only if requested in application] 1.4 < Name of one of two or more guardians> has exclusive authority to act and make   decisions respecting the following personal matters of the adult:  

 
[Include only if requested in application] 1.5 The guardians must act jointly with respect to the following personal matters of the adult:  

[Include only if requested in application] 1.6 < Name of alternate guardian(s)> is (are) appointed or continues as alternate   guardian(s) for the adult with  authority to act as guardian(s) without further proceeding on an event referred to in section 32(3) of the Act.

[Include if guardianship plan has been submitted with application for Court’s approval] 1.7 The guardianship plan as submitted is approved.
[Include in all cases, unless application requests termination of guardianship order] 1.8 The authority of the guardian is subject to the following conditions, limits, or requirements:      

[Include only if requested in application] 1.9 The authority of   under the adult’s personal directive dated □ is wholly terminated □ is terminated for the following areas of authority but otherwise remains in effect:  

[Include in all cases, unless application requests termination of guardianship order] 1.10 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 represented person that the guardian considers would make a variation or termination of the order in the represented person’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 represented person.

[Note:   Delete all of section 2 if application is not for review of trusteeship order and renumber the following sections and paragraphs accordingly]
2   Trusteeship Order Review
[Include in all cases, unless application requests termination of trusteeship order] 2.1 is (are) appointed or continues to be trustee(s) of    

[Include only if requested in application] 2.2 The trusteeship order is terminated.
[Include only if requested in application] 2.3 < Name of trustee who is to be discharged> Is discharged as trustee of the adult.
[Include only if requested in application] 2.4 < Name of alternate trustee(s)> is (are) appointed or continues as alternate   trustee(s) for the adult with  authority to act as trustee(s) without further proceeding 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:      

[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, this order applies to the following real property of the adult:        

[Include if trusteeship plan has been submitted with application for court’s approval] 2.8 The trusteeship plan as submitted is approved.
[Include unless application requests termination of trusteeship] 2.9 Except as otherwise provided by the Act, the regulations or this order, the trustee has 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;
●     sign all documents and do all things necessary to give effect to any power or authority vested in the trustee.
[Include unless Public Trustee is proposed trustee or application requests termination of trusteeship] 2.10 The trustee has no authority to sell, transfer, or encumber real property of the adult, or to purchase real property on behalf of the adult, except as follows:
●     The trustee may lease real property of the adult for a term not exceeding 3 years;
●     The trustee 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 is authorized to:    

[Include only if requested in application] 2.11 The trustee is 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 has (have) exclusive authority with respect to the following   financial matters of the adult:

[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:  

[Include in all cases, unless application requests termination of trusteeship] 2.14 The trustee’s authority is subject to the following additional limits or conditions:          

[Include in all cases, unless application requests termination of trusteeship] 2.15 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 represented person that the trustee considers would make a variation or termination of the order in the represented person’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 represented person.

[Note: Delete all of section 3 if application is not for examination and approval of trusteeship accounts and renumber the following sections and paragraphs accordingly]
3   Examination and Approval of Trusteeship Accounts
[Include in all cases where application is for examination and approval of trusteeship accounts] 3.1 The accounts of the trustee(s)   for the  period < period start date> to are approved.

[Include if requested in application] 3.2   The trustee is entitled to compensation  in the amount of
[Include in all cases unless application requests termination of trusteeship order] 3.3 must submit trusteeship 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.

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 $   □ 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.

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 dispensed with:   NAME RELATIONSHIP            

  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     by the following method of service:  

[Include only if application is for review of a guardianship or trusteeship order that has not taken effect because the represented person has not attained the age of majority, and the guardianship or trusteeship order is continued, amended or replaced] 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 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 Queen’s Bench of Alberta

AR 219/2009 Sched. 2 Form 23;37/2010;164/2010;178/2011
Form 24
Consent of Proposed Guardian (Individual) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Guardian Applicant Name  

  1   I, < name of proposed guardian>,  consent to act as guardian for < name of adult> (“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 himself or herself and of making decisions in respect of matters relating to his or her person, 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
Form 25
Consent of Proposed Guardian (Public Guardian) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Guardian Applicant Name  

  1   I, < name of proposed guardian>,  consent to act as guardian for < name of adult> (“adult”).
      Signature of Proposed Guardian Signature of Witness     Date Signed Full Name (Printed) of Witness

AR 219/2009 Sched 2 Form 25;96/2010
Form 26
Consent of Proposed Alternate Guardian (Individual) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Alternate Guardian Applicant Name  

  1   I, < name of proposed  alternate guardian>,  consent to act as alternate guardian for < name of adult> (“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 himself or herself and of making decisions in respect of matters relating to his or her person, 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
Form 27
Consent of Proposed Trustee (Individual) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Trustee Applicant Name  

  1  I, < name of proposed trustee>,  consent to act as trustee for < name of adult> (“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 Queen’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 Fair Trading 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
Form 28
Consent of Proposed Trustee (Public Trustee or Trust Corporation) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Trustee Applicant Name  

  1   I, < name of proposed trustee>,  consent to act as trustee for < name of adult> (“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 Queen’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
Form 29
Consent of Proposed Alternate Trustee (Individual) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Consent of Proposed Alternate Trustee Applicant Name  

  1   I, < name of proposed alternate trustee>,  consent to act as alternate trustee for < name of adult> (“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 Queen’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 Fair Trading 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
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 Queen’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
Form 32
Guardianship Plan Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document 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 himself or herself 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 his or her 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
Form 33
Guardian’s Record of Decisions Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document 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
Form 34
Trusteeship Plan Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document 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 his or her 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 his or her 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 he or she 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 his or her 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 through 8 of the Trustee Act (the “prudent investor rule”), 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 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 to provide a bond or other form of security?   □ 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 order □ 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 care facility (e.g. nursing home)   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
Form 35
Trusteeship Plan (Public Trustee) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document 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 he or she 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

Form 36
Statement of Transactions (Optional Prescribed Form) Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   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 Account 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 Account 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
Form 37
Inventory Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Applicant   Document Inventory

  I,         Trustee Name   Trustee Address and I         Trustee Name   Trustee Address trustee for the adult, swear or affirm that this inventory accurately discloses and describes the adult’s financial position as of this date: ___________ 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 This inventory shows the adult’s financial position as of                                 
  Value of Adult’s Assets and Liabilities Amount Line Land  (net of mortgages) Schedule A, Line A1   1 Financial Assets Schedule B, Line B5   2 Other  Assets Schedule C, Line C3   3 Total Assets Add Lines 1,2, & 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 How many  different properties does the adult own, either solely or as co‑owner?   □ No Enter $0 in Line A1 below. If the adult owns any land, complete Schedule AA (or Schedule AB for mineral titles) for each property owned by the adult. Please make as many copies of Schedule AA and /or Schedule AB as you require.     Line Total net value of adult’s interest in land* $ A1 *This is the total of the adult’s share of the net value of all land owned by the adult, as recorded in line AA5 of Schedule AA (and/or line AB3 of Schedule AB) for each property owned by the adult.  

  SCHEDULE AA — Land other than mineral titles Line City, Town, Municipality       Municipal Address   Legal Description         □ Adult is sole owner   Insert “100%” in Line AA1       □ Adult is co‑owner Type of co‑ownership □ Joint (right of survivorship)         □ In-common (no right of survivorship)   Ownership Status Co‑owner’s name       Co‑owner’s relationship to adult         Adult’s percent ownership share in this property % AA1 Type and Current Use (check all that apply) □   Residential □ Adult’s residence     □ Agricultural □ Co‑owner’s residence     □ Vacant □ Rented at fair market value     □ Other (describe)       Basis of valuation □ Recent valuation by accredited appraiser □ Other (describe below):     □ Most recent municipal assessment       Estimated total market value $ AA2 Amount owed on mortgages (or other encumbrances) against this title $ AA3 Net Value (Line AA2 minus Line AA3) $ AA4 Adult’s share of Net Value (Line AA1 multiplied by Line AA4) $ AA5 A current copy of the certificate of title for this land is attached as Exhibit    

  Schedule AB — Mineral Titles   Line Legal Description, including fractional interest (e.g. 1/4)       □ Adult is sole owner   Insert “100%” in Line AB1       □ Adult is co‑owner Type of co‑ownership □ Joint (right of  survivorship)         □ In-common (no right of survivorship)   Ownership Status Co‑owner’s name       Co‑owner’s relationship to adult         Adult’s percent ownership share in this property % AB1 Current status □ Leased Monthly lease income: $   □ Subject to pooling order Monthly income, if any $   □ Not leased or subject to pooling order     □ Subject to gross royalty trust     Basis of valuation □ Recent appraisal       □ Other:   Estimated Value $ AB2 Adult’s share of Net Value (Line AB1 multiplied by Line AB2) $ AB3   A current copy of the certificate of title for this land is attached as Exhibit    

  Schedule B — Financial Assets Owned by Adult Type Note Value Line Bank Accounts Sum of Schedule BA, Line BA3 for all bank accounts $ B1 Solely Owned  Investment Accounts Schedule BB, Line BB1 $ B2 Joint Investment Accounts Schedule BC, Line BC1 $ B3 Other Financial Assets Schedule BD, Line BD1 $ B4 Total Value of Adult’s Financial Assets $ B5

  Schedule BA — Bank Account
For the purposes of this schedule a bank account includes a chequing account or savings account at a financial institution such as a chartered bank, trust corporation, credit union, or treasury branch. If cheques may be written on or bills paid directly from an account, it should be recorded here as a bank account. Investment products like GICs and term deposits should be included in the “Investment Accounts” category below, even if issued by a bank.
●  Complete a copy of this schedule for each bank account of the adult. Include bank accounts of which the adult is the sole owner as well as accounts of which the adult is a joint owner with someone else.
●  If the adult has more than one bank account, please copy this schedule as required. The amount entered in line B1 above will be the sum of the amount entered in Line BA3 for each of the accounts.   Line Financial Institution   Branch       Account Number   Type (e.g. Savings, Chequing)       Account Ownership Status □ Adult is sole owner Enter 100% in Line BA1     □ Adult is joint owner Name of co‑owner       Co‑owner’s relationship to adult       What is the adult’s proportionate (%) beneficial interest in this account? % BA1 What is the account balance? $ BA2 What is the adult’s share of the account balance (Line BA1 multiplied by Line BA2) $ BA3   A copy of a current statement of account is attached as Exhibit    

 
  Schedule BB — Investment Accounts Solely Owned by Adult
This schedule records financial assets held in investment accounts with financial institutions (other than bank accounts included in Schedule BA) where the account is owned solely by the adult. The following are examples of financial assets that might be held in such an investment account:
●  cash balances (e.g. within a brokerage account) or money market instruments (e.g. treasury bills, corporate paper, bankers’ acceptances);
●  GICs, term deposits, savings bonds;
●  marketable bonds (e.g. government, municipal, corporate);
●  common shares, preferred shares, share warrants, limited partnership units;
●  units or shares of mutual funds, exchange traded funds (ETFs), income trusts, gross royalty trusts;
●  life insurance products with a cash value (e.g. segregated funds, whole life policies, variable life policies, universal life policies).
If a financial asset owned by the adult is held outside of an investment account with a financial institution (e.g. cash or security certificates held in a safety deposit box), they should be recorded in Schedule BD Other Financial Assets
Instructions for completing this schedule:
● Financial Institution  Insert the name of the financial institution with whom the adult has the investment account.
● Account ID  Insert the account identification number provided by the financial institution. You may enter a partial account number so long as it is sufficient to clearly distinguish the account.
● Tax Shelter Type  Insert the type of tax sheltered account (e.g. RRSP, RRIF, RDSP, RESP, TFSA) or leave column blank or write “N/A” if it is not a tax sheltered account.
● Asset Type  Insert the type of financial assets held in the account, as described in account statements provided by the financial institution. You are not required to describe each individual financial asset held within a particular investment account; description by type is sufficient.  Record different types of financial assets held in the same investment account on separate lines of the table.
● Valuation Basis  Insert the basis upon which the value of the financial assets is stated. For life insurance products, give the cash value of the product. For other financial assets, give the market value if provided by the financial institution; otherwise, give the face value or book value.
● Value  Insert the value of the financial assets, as set out in the account statement from the financial institution.
  Financial Institution Account ID Tax Shelter Type Asset Type Valuation Basis Value Line                             Total Value of Adult’s Solely Owned Investment Accounts   BB1   A copy of a the current statement of account for each account referenced above is attached as Exhibit(s)  

  Schedule BC — Investment Accounts held Jointly                                by Adult with someone else
This schedule records financial assets held in investment accounts with financial institutions where the account is owned jointly by the adult with someone else. The following are examples of financial assets that might be held in such a joint investment account: ●  cash balances (e.g. within a brokerage account) or money market instruments (e.g. treasury bills, corporate paper, bankers’ acceptances);
●  GICs, term deposits, savings bonds;
●  marketable bonds (e.g. government, municipal, corporate);
●  common shares, preferred shares, share warrants, limited partnership units;
●  units or shares of mutual funds, exchange traded funds (ETFs), income trusts, gross royalty trusts;
●  life insurance products with a cash value (e.g. segregated funds, whole life policies, variable life policies, universal life policies). Instructions for completing this schedule
● Financial Institution  Insert the name of the financial institution with whom the adult has the investment account.
● Account ID  Insert the account identification number provided by the financial institution. You may enter a partial account number so long as it is sufficient to clearly distinguish the account.
● Joint Owner  Insert name of the other joint owner of the account.
● Asset Type  Insert the type of financial assets held in the account, as described in account statements provided by the financial institution. You are not required to describe each individual financial asset held within a particular investment account; description by type is sufficient. Record different types of financial assets held in the same investment account on separate lines of the table. ● Total Value  Insert the total value of the financial assets, as set out in the account statement from the financial institution. For life insurance products, give the cash value of the product. For other financial assets, give the market value if provided by the financial institution; otherwise, give the face value or book value.
● Adult’s share (%)  Insert the adult’s proportionate share of the account; the percentage of the account’s total value to which the adult would be entitled if the account were closed now.
● Adult’s share ($)  This is the dollar value of the adult’s share of the financial assets recorded on a particular line (e.g. if the Total Value is $5000 and the Adult’s Share (%) is 50%, the Adult’s Share ($) is $2500).

  Financial Institution Account ID Joint Owner’s Name and Relationship Asset Type Total Value ($) Adult’s Share (%) Adult’s Share ($) Line                                 Total Value of Adult’s Share of Joint Investment Accounts $ BC1   A copy of a the current statement of account for each account referenced above is attached as Exhibit(s)  

  Schedule BD – Other Financial Assets
Provide details of any financial assets owned by the adult that are not included in schedules BA, BB, or BC. This could include, for example: ●  cash on hand;
●  balance in account maintained for adult’s use with residential facility;
●  security certificates (e.g. share certificates, gross royalty trust certificates, savings bonds) not held in an investment account;
●  shares of private corporations; ●  shareholder loans to private corporations;
●  interest in a partnership or sole proprietorship;
●  interest in a trust or in a deceased person’s estate;
●  interest in ongoing or potential lawsuit (e.g. personal injury claim);
●  private debts owed to the adult. Description and Location (e.g. safety deposit box) Valuation Basis Value Line     $     $   Total $ BD1

  Schedule C — Other Assets
This schedule includes all of the assets owned by the adult other than land included in Schedule A and financial assets included Schedule B.
For estimated value, give the estimated amount for which the property could be sold to an arm’s length purchaser. Type Note Estimated Value Line Motor vehicles, mobile homes, boats Schedule CA, Line CA1 $ C1 Other property Schedule CB, Line CB1 $ C2 Total value of all other assets owned by adult $ C3

  Schedule CA — Motor Vehicles, Mobile Homes, Boats
For the purpose of this schedule, motor vehicles include, for example, cars, trucks, motorcycles, recreational vehicles, off-road vehicles, snowmobiles.
Enter $0 in Line CA1 if the adult does not own a motor vehicle, mobile home, or boat. Type Description (make, model, year) Estimated Value Line     $     $   Total value of motor vehicles, mobile homes and boats $ CA1

  Schedule CB — Other Property
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 ●  Identify an item or a distinct set of items (e.g. a coin collection) individually in the space provided only if the estimated market value of the item or set is at least $1000.
●  If the adult owns property of a certain description that has significant monetary value, but it is not currently possible to give a reasonable estimate of fair market value, describe the property and indicate “Unknown” in the Estimated Value column. Description Estimated Value Line   $   $   Total value of other property $ CB1

  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.
●  State the total amount owing on the loan, not the amount of the monthly payment, if any Creditor Account No. Co‑debtor, if any (i.e. someone also legally responsible for the debt) Amount Owed Line       $       $   Adult’s total liabilities (excluding encumbrances on land) $ D1

  Schedule E — Income
State the adult’s sources of income and the average monthly amount received from each source. If a source pays 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) Program     Pension $     Guaranteed income supplement $     Spouse / Partner allowance $     Survivor allowance $   GST rebate $   Child tax 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. interest, dividends, distributions) $   Rental income $   Employment income $   Self-employment income $   Spousal / partner support (e.g. under court order or agreement) received $   Child support payment received $   Other (describe)   $   Other (describe)   $   Other (describe)   $   Estimated Total Monthly Income $ E1

  Schedule F — Expenses
Indicate the type of expenses incurred by the adult and give the average monthly amount of each type of expense.
●  If an expense is incurred at non-monthly intervals (e.g. quarterly) or irregularly, convert the payments to an equivalent average monthly amount. Expenditure Type Average Monthly Amount Line Land (e.g. home or rental property) ownership expenditures       Mortgage payment (including both principal and interest portion) $     Utilities $     Repairs & maintenance $     Property taxes $   Accommodation, food and care in residential care facility (e.g. nursing home) $   Rent payments or other accommodation costs not included above $   Food not included above $   Prescriptions not included above $   Caregiver and companionship expenses $   Adult’s personal allowance $   Recreation and entertainment $   Vehicle expenses (e.g. gas, maintenance, insurance) $   Other transportation and travel expenses $   Education and training $   Storage charges for adult’s property $   Insurance       Life $     General  (e.g. household) $     Other (describe)   $   Spousal / partner support paid $   Child support paid $   Income tax $   Payments on existing debts not included above (e.g. personal loan, credit card) $   Other (describe)   $   Other (describe)   $   Other (describe)   $   Total Average Monthly Expenses: $ F1

  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 37;96/2010
Form 38
Overview of Trusteeship Accounts Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Applicant   Document Overview of Trusteeship Accounts

  I,         Trustee Name   of Trustee Address and I         Trustee Name   of Trustee Address trustee for the adult, swear or affirm that this overview of trusteeship accounts provides an accurate overview of trusteeship accounts 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 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 accounts under the AGTA □ Other (explain):   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       Adult’s Monthly Income and Expenditures
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.   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 Market Value Mortgage Amount Net Value Adult’s Share % Net Market Value of Adult’s Share                         Total Net Value of Adult’s Share of Land                                                                                                                                                                                                                                                                                                                                                                   Financial Assets Market Value Bank Accounts (adult’s share if joint accounts)                                                                                                                                   Solely Owned Investment Accounts   Joint Investment Accounts (adult’s share)   Other Financial Assets (e.g. cash, private company shares, partnership interest, private debts)   Total Financial Assets   Other Assets Market Value Motor Vehicles, Mobile Homes, Boats   Other (e.g. 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 — Detailed Reconciliation of Bank Accounts START DATE BALANCE $ RECEIPTS Pension and Program Benefits (describe sources)     Source   $     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 care facility (e.g. nursing home) $     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 LAND — Net Value of Adult’s Interest Start Date Net Value End Date Net Value Change During Period   $ $ $ Provide details of any increase or decrease in net land value. An insufficient explanation of changes may delay the approval of your accounts or cause the Court not to approve your accounts as submitted.  

  FINANCIAL ASSETS — Value of Adult’s Interest
(excluding bank accounts) Start Date Value End Date Value Change During Period   $ $ $ Provide details of any increase or decrease in value. An insufficient explanation of changes may delay the approval of your accounts or cause the Court not to approve your accounts as submitted.  

  OTHER ASSETS — Value of Adult’s Interest Start Date Value End Date Value Change During Period   $ $ $ Provide details of any increase or decrease in value. An insufficient explanation of changes may delay the approval of your accounts or cause the Court not to approve your accounts as submitted.  

  LIABILITIES — Amounts Owed by Adult
(excluding mortgages on land) Start Date Amount Owed End Date Amount Owed Change During Period   $ $ $ Provide details of any increase or decrease in amount owed by adult. An insufficient explanation of changes may delay the approval of your accounts or cause the Court not to approve your accounts as submitted.  

5 — Other Matters  During the accounting period the trustee or members of the trustee’s family (other than the represented adult) □ have not received any benefit as a result of the exercise of the trustee’s authority or made any personal use of the adult’s property. Details of any such benefit or use are as follows: □ have    

6 — Proposed Compensation 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 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 38;96/2010
Form 39
Notice of Application and Hearing Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Notice of Application and Hearing Applicant  

  1   An application has been started by the applicant requesting the Court to order the following:
  2   The application will be heard by a judge of the Court of Queen’s Bench of Alberta: Date:     Time:     Place:     3   The reasons for the application are as follows: 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
Form 40
Affidavit of Service Court File Number   Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre   Full name of the person whom the application is about (“the adult”)   Document Affidavit of 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