Filing for guardianship or trusteeship of an adult requires the submission of specific forms. The forms can be downloaded from the Government of Alberta's website. Some versions are intended to be filled out by lawyers and healthcare professionals so they do not include instructions, but there are forms with instructions available.
Following is a brief description of the forms required when filing for guardianship and trusteeship. If you are only filing for guardianship, you will not need forms 27, 29, 34, and 37. If you are applying to be a co-decision-maker, you will need forms 3, 1, 2, 11, and 12.
Form 4: Capacity Assessment Report (Guardianship or Trusteeship or Both)
If you are filing for co-decision-making, guardianship, or trusteeship, you will first need to get Form 4: Capacity Assessment Report (Guardianship or Trusteeship or both) filled out by a professional. It must be dated within six months of the date you submit your application.
Note that an adult cannot be forced to undergo a capacity assessment. People have the right to refuse one, and they also have the right to have someone with them during the assessment to help them feel comfortable.
Only people designated as capacity assessors can fill out Form 4. These are registered medical practitioners, regulated members of the College of Alberta Psychologists, and designated capacity assessors who are regulated members of a college of a health profession, have completed a course for capacity assessors, and meet the Minister's requirements.
Form 14: Application for Appointment of Guardian, Trustee or Both
Form 14: Application for Appointment of Guardian, Trustee, or both, is the first form you and your lawyer will fill out when making an application for a court order. It includes information about the applicant and the application, information about the adult and current decision-making arrangements for the adult, and information about family members and interested parties. It's critical that this form be filled out correctly and thoroughly as it will make it easier to fill out the other forms.
Form 15: Affidavit of Applicant – Application for Appointment of Guardian, Trustee or Both
In Form 15: Affidavit of Applicant – Application for Appointment of Guardian, Trustee or Both, you will indicate whether you are applying to appoint a guardian, trustee, or guardian and trustee. You will then fill out the relevant sections.
Form 24: Consent of Proposed Guardian (Individual)
Form 24: Consent of Proposed Guardian (Individual) tells the court that you agree to being a guardian and to act in accordance to the duties and responsibilities as set out in the Adult Guardianship and Trusteeship Act. It also states you authorize the Office of the Public Guardian to conduct a criminal record check on you if needed.
Form 26: Consent and Undertaking Alternate Guardian (Individual)
This form is filled out by an alternate guardian and provides the same consent and authorization as Form 24.
Form 27: Consent of Proposed Trustee (Individual)
This provides the same consent and authorization as forms 24 and 26 but for trustees.
Form 29 Consent and Undertaking Alternate Trustee (Individual)
This form is filled out by the alternate trustee, if there is one, and provides the same consent and authorization as Form 27.
Form 30: Personal References
Each person applying to be a guardian, alternate guardian, trustee, alternate trustee, or co-decision-maker must provide the names of two people who can give personal references. Each person must fill out a separate form.
Form 32: Guardianship Plan
Form 32 explains the plan that has been created that will allow you to make decisions as the guardian of the adult. You will identify the types of decisions you expect to make in the next year and the next five years in each of the areas of authority you are applying for.
Form 34: Trusteeship Plan
This form outlines how the trustee will manage the adult's finances, including investments, assets, liabilities, legal actions involving money, expenses, and income.
Form 37: Inventory
This form is a list of all the adult's assets, liabilities, income, and expenses.