How to Apply for a Substitute Decision Maker

Anyone who believes a vulnerable person is in need of a substitute decision maker may complete an application form asking the Commissioner to appoint a substitute decision maker for the vulnerable person. The applicant may ask to be appointed as the substitute decision maker, or may indicate that someone else is willing to be considered for the appointment.

The following information and forms need to be completed when applying for a substitute decision maker.

  1. Guide to Completing Substitute Decision Maker Application (PDF 348KB)
  2. Substitute Decision Maker Application Form (PDF 240KB)
  3. Schedule A - Real and Personal Property (PDF 60KB)
  4. Schedule B - Consent Form for Consideration of Appointment as Substitute Decision Maker (PDF 56KB)
  5. Schedule C - Criminal Record, Child Abuse Registry and Adult Abuse Registry Checks (PDF 48KB)
  6. Protection of Privacy (PDF 32KB)

The Application and the Guide can also be picked up or mailed out upon request from any regional office of Manitoba Families or from the Office of the Vulnerable Persons' Commissioner.

 

Do I have to tell anyone that I am putting forward an application?

 
Yes, you should tell the individual who is the subject of the application and others involved that you are putting forward an application.
 

How does the application process work?

 

Application Process Flow Chart

 
image of application process flow chart
  1. The applicant submits an application for the appointment of a substitute decision maker to the Commissioner's office. The Commissioner will provide the person for whom the application is made with a copy of the application.
  2. Once the Commissioner conducts a preliminary investigation of the application, the Commissioner will decide whether to refer it to a hearing panel or to dismiss the application.
  3. If the application is referred to a hearing panel, a three-member panel will conduct a hearing and make recommendations to the Commissioner.
  4. After considering the hearing panel's recommendations, the Commissioner will decide either to appoint a substitute decision maker or to dismiss the application.
At each step of the application process, notices are sent to the individual who is the subject of the application, his or her support network and other parties as determined by the Act. Those receiving notices can submit a request in writing to the Commissioner for written reasons for his or her decision.
 

How long does the entire application process take?

 
Under ideal circumstances, a decision can be made in four to five weeks.  However, this timeframe can become considerably longer based on the availability of documentation to support the application (see supporting documents noted on page 3 of the Guide to Completing the SDM Application) and the availability of the parties to attend a hearing.
 

Withdrawing an application:

 
Sometimes after an application has been made, circumstances evolve whereby the applicant wishes to withdraw the application.
 
In these situations the applicant or applicants (where there is more than one), can make a request to the Commissioner to withdraw the application. This request can be made by completing the Request to Withdraw an Application Relating to the Appointment of a Substitute Decision Maker form and forwarding it to the Office of the Vulnerable Persons’ Commissioner.