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If you make an application to the court to become a guardian or trustee, you will need medical paperwork to support your application. Specifically, the medical paperwork must prove your claim that the dependent adult suffers from a loss of mental capacity. A court is simply not going to take away an individual’s right to manage his or her own affairs unless the court is given proof that the person cannot manage on his or her own any longer. This proof is always given by people other than the person applying to be the guardian or trustee (i.e., independent third parties who have nothing to gain or lose from you being appointed as guardian or trustee).

The medical reports or affidavits that you obtain as part of your court application will serve two purposes. The first is to protect your elderly relative from unscrupulous people who try to gain control over the relative’s finances for fraudulent purposes by making it appear that the elderly person cannot make his or her own decisions. The requirement that the evidence be independent makes fraud more difficult. Fraud does not only happen to wealthy seniors; it can and does happen to those with modest assets as well, and all elderly persons are entitled to the protection of the law.

The second purpose is to assist a judge who will usually not even meet or see the dependent adult during the course of your application. The judge needs to be able to decide what is in the best interests of the elderly relative and relies on the reports to provide the needed information. Because all of the laws pertaining 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Make sure that the medical forms are properly completed, signed, and dated, and that you are not relying on outdated information — medical information more than six months old may be considered unreliable.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.