Guardianship Application Lawyers: Desk Vs. Hearing
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Guardianship Application Lawyers: Desk Vs. HearingJeff Kahane2020-06-28T13:58:40+00:00
Guardianship for a dependent adult
Guardianship Order Applications: Fast and Inexpensive Ways of Getting Them
To get someone appointed to take care of a dependent adult, you require a court order. These are referred to as guardianship orders. There are two different ways of making a guardianship application. You may make an desk guardianship application or a apply for a guardianship order by way of a hearing. Below are the differences in obtaining a guardianship order via a desk application or via a hearing.
Need Help? We understand that the stress and emotions involved in the circumstances surrounding these applications. The Guardianship application lawyers at Kahane Law Office in Calgary and in Edmonton are able to help.
Desk Guardianship Application
Guardianship Orders through a desk application essentially proceeds by submitting the requisite forms, according to the Adult Guardianship and Trusteeship Regulation, to Alberta’s Office of the Public Guardian and Trustee (the “OPGT”). The OPGT is a government body that deals with adults who are in need of assistance in making decisions or simply are lacking capacity to make personal or
financial decisions. Upon the submission of the guardianship application, the OPGT investigates the adult and his or her specific situation. It is the Office of the Public Guardian and Trustee that files the guardianship application at court to obtain the final order. Desk applications often take a great deal of time to secure. For example, yhe application often takes months (even up to half a year) for obtaining the order from the court.
Desk applications however are much cheaper to obtain than going via hearing. If time is not of the essence, proceeding by desk application is likely the best way of obtaining an order. However, note that someone making these applications has a positive obligation to notify specific individuals of a guardianship application. For example, these people include the dependent adult’s spouse, children, parents and siblings. Should they wish, those people receiving notification also reserve the right to require that a hearing occur in front of a judge. Under most circumstances, this occurs in contested applications. Therefore, proceeding via a desk application does not necessarily mean a hearing will not occur.
Hearing Guardianship Application
Proceeding via a hearing is a much quicker process for a guardianship application. A guardianship order can be obtained after 30 days notice to those required to be served in the application, including the Office of the Public Guardian and Trustee. The OPGT also investigates the adult and his/her situation, and compiles a Review Officer’s Report, based on the applicant (being the person applying to be a guardian for a dependent adult) and based on the Capacity Assessment of the dependent adult. Similar to a desk application, the OPGT performs credit and criminal checks on the applicant and reports to the court of their opinion on the application.
The OPGT can also appear in court on any hearing application, should the OPGT have concerns about the applicant or the dependent adult. Hearing applications are more expensive to obtain. It is recommended that an applicant use the service of a lawyer should they decide to proceed via a hearing. The process for the documentation and for appearing in front of the court involves detailed specific steps and protocols.
How To Avoid Going To Court Altogether
The simplest and most cost effective way to avoid these application, if encouraging your family members to have a Personal Directive, prior to them losing capacity. The personal directive gives someone the ability to make decisions on their behalf. These inexpensive documents save time, stress and money as an alternative to a guardianship application. Both our Alberta offices offer these services. Lastly, often we draft the personal directive in a day or two to make the process fast and easy.
You Have A Choice: Fast vs Cheap Application Processes
Let us reduce the stress involved in helping your loved one. Whether you decide to obtain a guardianship via a desk or hearing application, Kahane Law Office helps throughout Alberta. Our lawyers have experience in these matters and help guide you through the process. Call our office in either Calgary or Edmonton today to find out more. Call 403-225-8810 in Calgary or 780-571-8463 in Edmonton or email today to contact us.