Deciding Which Forms to Complete
Normally, court applications are prepared and brought before judges by lawyers. However, if you do not want to hire a lawyer or are unable to, you can act on your own behalf. A variety of information must be gathered and documents assembled for the application (i.e. medical assessments, inventory of assets and debts, criminal record check, etc.). Forms for the applications can be found below. Before completing the forms, you may wish to review the Personal and Property Guardianship Self-Help Kit.
Personal Guardian or Personal Co-Decision-Maker
To make an application to the Saskatchewan Court of King's Bench to be appointed as a personal guardian or personal co-decision-maker, you will need to fill out the following forms:
- Application for Appointment of a Decision-maker other than a Temporary Personal Guardian or Temporary Property Guardian (Form A)
- Affidavit in Support of an Application for Appointment of a Decision-maker other than a Temporary Personal Guardian or Temporary Property Guardian (Form B)
- Affidavits re: Assessment of Adult's Capacity (Form J) – two are required
- Draft Order Appointing a Decision maker (Form N)
You may also provide consents from the adult's nearest relatives on the following forms:
- Consent to Appointment of a Co-decision-maker or Guardian or to Confirmation of a Testamentary Nomination (Appointment by Will) (Form E)
- Affidavit of Execution (Form F)
Property Guardian or Property Co-Decision-Maker
To make an application to the Saskatchewan Court of King's Bench to be appointed as a property guardian or property co-decision-maker, you will need to fill out the following forms:
- Application for Appointment of a Decision-maker other than a Temporary Personal Guardian or Temporary Property Guardian (Form A)
- Affidavit in Support of an Application for Appointment of a Decision-maker other than a Temporary Personal Guardian or Temporary Property Guardian (Form B)
- Affidavit re: Assessment of Adult's Capacity (Form J) – two are required
- Statement of Inventory re: Application for Appointment of a Property Co-decision-maker Or Property Guardian Or for Resealing a Foreign Order (Form K)
- Bond (Form M)
- Draft Order Appointing a Decision-maker (Form N)
You may also provide consents from the adult's nearest relatives on the following forms:
- Consent to Appointment of a Co-decision-maker or Guardian or to Confirmation of a Testamentary Nomination (Appointment by Will) (Form E)
- Affidavit of Execution (Form F)
Temporary Personal or Property Guardian
To make an application to be appointed as a temporary personal guardian or a temporary property guardian, you will need to fill out the following forms:
- Application for Appointment of a Temporary Personal Guardian or Temporary Property Guardian (Form H)
- Affidavit in Support of an Application for the Appointment of a Temporary Personal Guardian or Temporary Property Guardian (Form I)
- Bond (Form M.1)
- Draft order appointing a decision-maker (Form N)
What To Do With The Completed Forms
Depending on the type of court application that is being made, you will have to provide copies of your completed forms to, or "serve" a number of people. Copies must be given to the adult, the adult's nearest relatives, anyone in a position of trust with the adult, such as an attorney under a power of attorney or a proxy for health care decisions, and the Public Guardian and Trustee.
If you are making an application to be appointed as a temporary personal or temporary property guardian, you are only required to serve the adult and the Public Guardian and Trustee.
To serve someone with the application, you may give it to them personally or you may give it to someone else to deliver. If you believe the recipient will acknowledge receipt of the application, you can also send it by mail. In any case, you will need proof of delivery. This proof can be provided in the form of a sworn affidavit from someone who personally delivered the application or the recipient's signature on a form called an Acknowledgement of Service.
After serving copies of your court application on everyone, you must then file the original copy with the court. You must also file all of your proofs of service with the court. The judge will want to be reassured that all interested parties are aware of the court application.