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? The Guardianship application lawyers at Kahane Law Office in Calgary 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. Once the guardianship application is submitted, the OPGT investigates the adult and his or her 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 are a timely process – it can be months (even up to half a year) for the order to be obtained. 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 there are people who are required to be notified of a guardianship application – mainly the dependent adult’s spouse, children, parents and siblings. Should they wish, those notified can require that a hearing be held in front of a judge – typically 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.
You Have A Choice: Fast vs Cheap Application Processes
Whether you decide to obtain a guardianship via a desk or hearing application, Kahane Law Office in Calgary, Alberta is here to help. Our lawyers are experienced on these matters and will help guide you through the process. Call our office today to find out more. Call 403-225-8810 or email today to contact us.