to dependent adults make it very clear that a loss of ability to make one’s own decisions is a prerequisite to anyone being appointed as a guardian and trustee, it is up to the person making the court application to prove to the judge that a guardianship or trusteeship is actually needed.
Make sure that the medical forms are properly completed, signed, and dated, and that you are not relying on outdated information — medical information more than six months old may be considered unreliable. Make sure that all of your paperwork for the court is carefully and thoroughly prepared so that the court can make an informed decision.
The list below gives details about the various forms needed in each province and territory and who should be completing the forms. All of the forms can be found on the CD that accompanies this book. Make sure that you are giving the court original documents and not photocopies or fax copies.
Alberta
You will need a Form 1: Report of Physician or Psychologist (DAD16) to be signed by a medical doctor or a psychologist. You will also need a Functional Assessment Report (DAD17), which is usually completed by a hands-on caregiver such as a nurse, therapist, or social worker.
British Columbia
You will need two Affidavits by Doctor, completed by two medical doctors. As there is no specific form requested by the legislation, you will follow the general form for affidavits under the Rules of Court. The wording given in the forms that accompany this book is suggested wording only and is not mandated by the Rules of Court. You may change the wording to suit your own specific set of circumstances.
Manitoba
You will need two Affidavits of Doctor, completed by at least two medical doctors. As there is no specific form requested by the legislation, you will follow the general form for affidavits under the Rules of Court. The wording given in the forms that accompany this book is suggested wording only and is not mandated by the Rules of Court. You may change the wording to suit your own specific set of circumstances.
New Brunswick
You will need at least one Affidavit of Doctor from a medical practitioner and at least one Affidavit of Person Acquainted with the Respondent from a person acquainted with the dependent adult. As there is no specific form requested by the legislation, you will follow the general form for affidavits under the Rules of Court. The wording given in the forms that accompany this book is suggested wording only and is not mandated by the Rules of Court. You may change the wording to suit your own specific set of circumstances.
Newfoundland and Labrador
You will need an affidavit, though the law does not state from whom you should get the affidavit. As every other jurisdiction specifically states that this evidence must be given by a medical doctor it would seem logical that a medical doctor would be the best choice in this case as well. As there is no specific form requested by the legislation, you will follow the general form for affidavits under the Rules of Court. The wording given in the forms that accompany this book is suggested wording only and is not mandated by the Rules of Court. You may change the wording to suit your own specific set of circumstances.
Northwest Territories and Nunavut
You will need a medical report in Form 1: Assessment Report. The form must be completed by a medical doctor, a psychologist, or a person who is assigned the responsibility of preparing the report by the Office of the Public Guardian.
Nova Scotia
You will need affidavits from two medical doctors. As there is no specific form requested by the legislation, you will follow the general form for affidavits under the Rules of Court. The wording given in the forms that accompany this book is suggested wording only and is not mandated by the Rules of Court. You may change the wording to suit your own specific set of circumstances.
Ontario
You will need two assessments. The assessments must be completed by a medical doctor, psychologist, social worker, occupational therapist, or registered nurse. The form needed will depend on the application being made. Form A is needed for the appointment of a guardian for property (equivalent to a trustee) and Form B is needed for the appointment of a guardian of the person.
Prince Edward Island
You will need two assessments in Form 13: Certificate of Incapacity to Manage Personal Affairs, both of which must be signed by medical doctors.
Saskatchewan
You will need two medical reports, both in Form J. You can use more than two reports if that is appropriate. The forms may be completed by a medical doctor, psychologist, psychiatric nurse, registered nurse, occupational therapist, or speech-language pathologist.
Yukon
You will need one Incapability Assessment Report (Form 6), which must be completed by a medical doctor, registered nurse, psychologist, or occupational therapist.
4.1 The best medical evidence
When obtaining any doctor’s, nurse’s, or psychologist’s report it is best to try to get the report from a professional who has known the dependent adult for some time or who is currently treating the dependent adult. This is because you want to get the most accurate report possible — one that will neither exaggerate the dependent adult’s problems nor minimize them. A lot of people will be relying on these reports for many years and accuracy is essential. An elderly relative that is taken, perhaps unwillingly, to a stranger for examination will feel stress, apprehension, and possibly even disorientation. He or she will therefore not be functioning at his or her best and the doctor may get a false picture of the patient’s condition. This simply is not fair to the dependent adult and you should make every effort to involve a doctor with whom the dependent adult is already familiar.
In addition, in a short visit a doctor may make an assessment based on an unfamiliar patient’s performance without being made aware that the patient normally uses a hearing aid, wears glasses, or relies on a language interpreter. Again, in this situation the doctor may be presented with a less than accurate picture of the patient’s ability to function and as a result the report issued by the doctor will be flawed.
In many larger centres in Canada, there are doctors available who specialize in geriatrics (i.e., health care for older people). Large cities generally have entire hospitals or hospital departments devoted to the care of older people. You should consider this kind of doctor if one is available to you. To find out whether there is a geriatric specialist in or near your town, you could ask your family doctor, call a major hospital nearby, or contact a local group concerned with elder issues, such as groups that assist families to deal with Alzheimer’s disease or a seniors’ advocacy group.
4.2 How to get the medical evidence
In parts of Canada in which there is a specific form required by law, you should print the form and take it with you to the dependent adult’s doctor, preferably on the visit at which he or she is examining the dependent adult. Explain that you wish to apply to the court to be appointed as guardian or trustee and give the doctor the form. Ask him or her to complete, sign, and date the form (all medical
