GOGANDA SUPPORT SERVICES

Your One Stop Source for Information about Guardianship and Trusteeship Application Processes.

About us

Goganda Support Services was created specifically to assist all Albertans with the preparation of applications for co-decision-making, guardianship, trusteeship, guardianship and or trusteeship reviews, examination and approval of trusteeship accounts and applications for urgent orders.   Applications are prepared in accordance with the Adult Guardianship and Trusteeship Act and AGTA Regulations.   You will receive assistance and support from the beginning to the end of the application process.   Services are provided throughout Alberta and beyond.  

Our services

The person you are applying to be guardian and or trustee for is referred to as the adult.  When the person has a guardian and or trustee appointed he/she is referred to as the represented adult.  

Before you consider submitting an application you must satisfy the Court that the option you are choosing is the least restrictive measure required given the circumstances.  There are a number of substitute decision-making options available to Albertans.  These include:

Personal Directive

A legal document in which you appoint someone to make personal, non-financial decisions on your behalf if you become incapable of making those decisions yourself. It allows you to designate an agent to handle matters such as health care, where to and with whom to live, with whom to associate, social activities, education and training, employment and legal matters of a non-financial nature. 

Enduring Power of Attorney

A legal document that allows you (the donor) to appoint another person (the attorney) to manage your financial and legal affairs if you becomes incapable. 

Supported Decision-making

A legal document that gives someone authority to access your personal information and help you make and communicate your decisions.  This is for adults who have the capacity to make their own personal decisions but would like to have someone they trust help them in the decision-making process.  You choose who you want as a supporter.  You decide which areas or authority the supporter will have.   

Co-Decision-making

The supporter's roles are to access your personal information that is needed for a decision and then help you make and communicate the decision.  You can can end the support you are getting at any time by filling out a form.

Guardianship

Guardianship refers to a legal relationship where a court appoints an individual to make personal decisions for someone else who is unable to do so themselves, due to lacking the capacity to make decisions with respect to health care, where to and with whom to live, with whom to associate, social activities, education and training, employment and legal matters of a non-financial nature. 

Trusteeship

Trusteeship refers to a legal relationship where a court appoints an individual to make financial decisions for someone else who is unable to do so themselves, due to lacking the capacity to make financial decisions. 

Guardianship and Trusteeship Application 

It is essential to determine whether the adult has an existing Personal Directive or Enduring Power of Attorney.  If the adult has these documents guardianship and or trusteeship may not be necessary.  However, in some circumstances, the Court may be petitioned to discharge agents or attorneys acting under the Personal Directives Act and the Power of Attorney Act, if these agents or attorneys are deceased, acting contrary to the adult’s best interests, or are unwilling or unable to continue serving as agents and or attorneys.  

Review of Guardianship and Trusteeship Application 

A guardianship review must happen when it is required by the court order, there is a change in the capacity of the adult or there is a change in the capacity of a decision-maker that affects the decision-maker’s ability to make decisions.  A guardianship review and trusteeship review can be done at the same time.  If the court expects you to do a review, it will say so on the court order and will list a deadline for review.  It is important you complete the review before the deadline.  If you miss the deadline, you continue as the guardian but it is required by law to complete this review.

Types of procedures

Without a hearing (desk application) takes up to 6 months for a guardianship and trusteeship order to be granted.

  • if you do not expect anyone to disagree with the application
  • not time sensitive
  • you do not need to appear in court

the judge makes a decision based on the paperwork you submit.  

With a hearing takes about about 6 to 8 weeks for a guardianship and trusteeship order to be granted.

  • someone might disagree with the application
  • time sensitive
  • you or your lawyer appears in court
  • application is discussed with the judge

the judge makes a decision based on the paperwork you submit and the discussion in court.

Urgent Guardianship and or Trusteeship Application

 *    an application can be made within a day or two.

  • a person lacks the capacity to make decisions about a personal and or a financial matter.
  • the person is in immediate danger of death, serious physical or mental harm or financial loss.
  • you or your lawyer appears in court.
  • application is discussed with the Justice of the Court of Kings Bench.
  • the Justice may grant you a temporary 90 day order appointing you as guardian and or trustee. 
  • You will have 90 days to submit an application for guardianship and or trusteeship before the temporary order expires.   You may request additional time if needed.     

COSTS

We offer a range of specialized services tailored to meet your individual needs.

Court Filing Fees

CA$300.00

$100.00 for a review application

Background Check

CA$78.00

Includes Criminal Record, Credit, and Reference Checks.

 

(These checks must be conducted through the Public Guardian and Trustee Office.)

Capacity Assessment Report

Ranging at 

CA$$200.00 to $700.00 

Via Private Assessor

 

Family Physicians fees range from CA$0.00 to $300

Service Fees

CA$300.00 (Desk Application)

CA$600.00 (Court Hearing)

As a former Review Officer in the Office of the Public Guardian and Trustee,  rest assured that your application will be prepared in accordance with the AGTA and Regulations.   We provide you with assistance and support from the beginning to the end of the application process.

Financial Hardship

If the costs of an Adult Guardianship and Trusteeship Act (AGTA) court application are a hardship for you and the adult, you can apply to have some of the costs covered by the Government of Alberta.

 

APPLICATION PROCESS FOR A GUARDIANSHIP AND OR TRUSTEESHIP APPLICATION VIA A DESK PROCEDURE 

You may begin an applications for individuals who will be 18 years old within 12 months.  Guardianship and Trusteeship Orders will not come into effect until the individual has turned 18.

 

1.  A guardianship or trusteeship application requires a Capacity Assessment Report (Form 4), which may be completed by physicians, psychologists, or qualified health professionals such as certain nurses, psychiatric nurses, social workers, and occupational therapists.  The least expensive option in most cases is to obtain this report from the adult's family physician.  If a psychological or educational assessment report was completed for the adult, it is good practice to provide a copy to the family physician, as it will assist the family physician to assess the adult's capacity.  If the family physician is reluctant to assess the adult's capacity you can find private capacity assessors on the Internet by entering Capacity Assessors Alberta.     

2.  Prepare your legal documents:

The Affidavit (Form 15) and Inventory (Form 37) must be commissioned by a Commissioner for Oaths or a Notary Public.

Each proposed guardian and or trustee and each alternate (if applicable) must submit the names, email addresses and phone numbers of 2 references.  References can be friends, employers, or family (but not immediate family).  Be sure to consult with them and ask their permission to serve as references.  Criminal record, credit and reference checks must be completed only through the OPGT.      

3.  Submit your application to the nearest Public Guardian Trustee office.

4.  A Review Officer is assigned to your file.  PGT administrative staff will review your application to ensure that it meets AGTA legal requirements.  If there are errors or omissions, they will return the application to you. 

5.  The RO will meet and serve the proposed represented adult with your application.  The RO will obtain his/her views and wishes.  The RO will inform the proposed represented adult that if he/she objects to the application, he/she has the right to request a court hearing.  The proposed represented adult is given a Request for Hearing (Form 31).  He/she will have 30 days to submit this form to the PGT. 

6.  Each proposed guardian and or trustee and each alternate (if applicable) will receive an email from Sterling Backcheck with a link to open an account with them.   You will register and set up a password for your account and pay for these checks online.  If you have had issues with your credit rating it is best to explain the circumstances and what you have done to rectify these issues.  You can provide this information in the affidavit which forms part of your application for guardianship and trusteeship.  Sterling BackCheck will forward the results directly to the the Review Officer at PGT office.

7.  Certain family members and others must be informed about your application.  The RO will send each person a Notice of Application with a Request for Hearing form.  If some one objects to your application they have 30 days to return the Request for Hearing  form.

8.  The RO will submit a Review Officer Report to the court.  You (the applicant) will receive a copy in the mail.  The report will provide the results of the criminal record, credit and reference checks, the proposed represented adult's view and wishes and any request for hearings that were received. 

9.  If someone requests a hearing, the RO will return the original application documents to you.  You will then be responsible for filing these documents at the court house, setting a court hearing date and serving all parties that are required to be served.     

10. If no request for hearing is received, the RO will file your application with the Court of Kings Bench.  A court clerk will review your documents and if there are any problems they will return these to you.   If the documents are complete, they will be submitted to the Justice.   

11.  You will receive a Guardianship and Trusteeship Order in the mail or via your email if the Justice grants an Order.  If the Justice wants more information, you will receive a Justice's Direction.  You must then submit a supplemental affidavit with the information that the Justice has requested.  

Frequently Asked Questions

What are common causes of incapacity?

  • Alzheimer’s disease or other dementias
  • Severe mental or developmental disabilities
  • Traumatic brain injury
  • Strokes resulting in significant cognitive impairment
  • Certain neurological conditions

Who can be appointed as a guardian and trustee?

A guardian or trustee may be a relative, friend, or the Public Guardian and Trustee (OPGT) 

The OPGT may act as guardian or trustee if no suitable person is available.

What are the eligibility requirements?

To serve as a guardian, an individual must:

  • Be 18 years of age or older
  • Consent to the appointment
  • Consider the adult’s wishes and wishes
  • Have a substantive relationship with the adult
  • Be available to make essential decisions
  • Not have conflicts of interest with the adult
  • Complete criminal record and reference checks according to OPGT protocols

To serve as a trustee, an individual must:

  • Be 18 years of age or older
  • Consent to the appointment
  • Consider the adult’s wishes and wishes
  • Have a relationship with the adult
  • Be available to make decisions
  • Have the ability to effectively manage the adult's financial affairs
  • Not have conflicts of interest with the adult
  • Complete criminal record, reference and credit checks according to OPGT protocols

Can more than one guardian and trustee be appointed?

The Court may appoint one or more guardians for an adult.  You can ask that each guardian and trustee have authority to make decisions in the same areas or that one may act in certain areas but not all areas.  For example one guardian may have authority in health care and legal matters and the other guardian to make decisions with regard to social activities, education and employment.    

You may ask the court to allow you to act jointly or separately.  If you act jointly both of your signatures must appear on consent forms.  Acting jointly is not always practical due to employment, distance, time sensitive and other factors.   Under such circumstances it would be prudent to act separately. rather than jointly. 

 

What is an alternate guardian/alternate trustee's role?

If the guardian/trustee dies, the alternate takes over as guardian/trustee without having to go to court.  The current guardian/trustee can also provide the alternate with written authorization serve as guardian/trustee during the temporary absence of the guardian/trustee.    

 

What happens if a guardian or trustee is not acting in the represented adult's best interests?

A represented person, a guardian and trustee or any interested person may apply to the Court for a review of a guardianship and trusteeship order. 

Any interested person may make a complaint to a complaints officer if the interested person has reason to believe that a guardian or trustee has failed or is failing to comply with a guardianship or trusteeship order, or the duties of a guardian or trustee,  and the failure is likely to cause harm to the physical or mental health or financial loss to the represented adult, including loss to property of the represented adult.

A complaints Officer will review the complaint and refer the matter for investigation.   Investigators have authority to meet with the represented adult and to access information necessary to carry out their duties.  A report will be submitted indicating that the complaint is founded or unfounded.  If the complaint is founded,  recommendation are  made actions to taken to remedy the harm to the represented adult. 

    

What is examination and approval of trusteeship accounts?

A trustee has a responsibility to keep records starting from the date the trustee is appointed.  The court may require a review of the adult’s financial records to ensure that the trustees are fulfilling their role by properly managing the adult's estate and keeping accurate financial records.  

Address

31 Rutherford Close

Red Deer Alberta T4P 3L1

Opening Hours

Office Hours by appointment only

Monday to Friday- 10:00 a.m. to 9:00 p.m.

Saturday - 1:00 p.m. to 4:00 p.m.

 

Contact

Robert (Bob) Stoltz BA, MCA

Telephone: 403-586-6407

Fax: 587-800-5313

Email: goganda349@gmail.com

Our home office is located in Red Deer.  While meeting with you in person is the desired option this is not possible for those who reside in other parts of Alberta and beyond.   We can connect with you via  telephone, fax, email or zoom.   You can choose to receive your completed application via regular mail, registered mail or by courier.  The application process can seem confusing and overwhelming.  The services and support that we offer removes this anxiety and does not end until you receive the guardianship and or trusteeship order.