What the AGTA means for people who have old court orders under the DAA

A guardianship and/or trusteeship order that was made under the Dependent Adults Act (DAA), continues “as if” it had been created under the AGTA (this includes any powers that would otherwise not exist under the AGTA – however those powers will not survive review).

Under the DAA, reviews were mandatory. At the next review date, the DAA order will be converted into an AGTA order. This means that the AGTA provisions will apply. As a result, there will not be the same review requirements in the future. Similarly, if, upon review, an applicant wants to downsize the Guardianship Order to a Co-Decision Making Order, this can be done.