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When submitting a court application for guardianship, trusteeship or co-decision-making, provide the email and phone number for all parties notified about your application.
When to review
You can apply for a co-decision-making review at any time.
A review must happen when:
- it is required by the court order
- there is a change in the needs, circumstances or capacity of the adult
- there is a change in the adult’s circumstances that affects the co-decision-maker’s ability or suitability to assist the adult
- there is a change in the capacity of a co-decision-maker that affects the co-decision-maker’s ability or suitability to assist the adult
Court-ordered review
If the court expects you to do a review, it:
- will say so on the court order
- will list a deadline for review
- is important you complete the review before the deadline
Missing the deadline
If you miss your deadline, you continue as co-decision-maker but it is required by law for you to complete this review.
How long does it take
A co-decision-making review usually takes 6 months – from the time your paperwork is ready to be submitted to court – before the court makes a decision.
Cost
There are costs for different parts of this process:
- legal fees – if you hire a lawyer to complete the application
- capacity assessment – charged by the capacity assessor for the completion of the assessment
- court filing fees – up to $50 for the court to process your documentation
- background check fee – for the background check to be completed so the summary of the results can be provided to the court with the application
If the costs of an AGTA court application are a hardship for the applicant and adult, the applicant can apply to have some of the costs covered by the Government of Alberta.
- If financial hardship has been indicated on the AGTA application, a Hardship Application for Costs Against the Crown form will be sent to the applicant to fill out.
- Complete the Hardship Application for Costs Against the Crown form and submit it with supporting documentation.
Apply to review a co-decision-making order
To apply for a review of the court order – and to ensure you follow the correct process and complete the correct paperwork – you need to think about 2 things:
- You should consider:
- The reasons you are applying for a review
- If the decisions the adult needs assistance with have changed
- You need to decide to apply without a hearing (desk application) or with a hearing:
| Without a hearing (desk application) | With a hearing |
|---|---|
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Fillable PDF forms may not open properly on some mobile devices and web browsers. For help opening the forms, contact PDF form technical support.
To start the application process
Select the one option below that best meets the adult’s situation:
When a court order is granted
The newly-appointed co-decision-maker is legally responsible to provide a copy of the court order to:
- the adult
- other interested parties
- the OPGT
Read the court order carefully to learn:
- who has been appointed
- what authority has been granted
- when the order needs to be reviewed
- any other provisions
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Co-decision-making