Examination and approval of trusteeship accounts

The court may review a represented adult’s financial records to make sure their assets are being responsibly managed by their trustee.

Overview

If an adult has a trustee, the court may require a review of the adult’s financial records. This process is called an examination and approval of trusteeship accounts.

The court is looking to see that the trustee:

  • keeps accurate financial records
  • is fulfilling their role by properly managing the adult's estate

When to do an examination and approval of trusteeship accounts

Court ordered

When you become a trustee, the court may set a review deadline to do an examination and approval of trusteeship accounts.

If the court expects you to do this:

  • the trusteeship court order will list a time period by which you have to provide the completed paperwork
  • allow yourself 3 to 6 months to ensure you have enough time to prepare the documents and submit the application package to our office

Sometimes, the court will do a trusteeship review at the same time as an examination and approval of accounts. If that’s the case, it’ll say so on your court order.

Trustee requested

You can apply for an examination and approval of accounts yourself, at any time, if:

  • the estate has changed substantially
  • a new trustee is taking over – the current trustee’s accounts will need to be submitted to and approved by the court so the new trustee has an up-to-date record of the adult’s financial holdings

Some trustees apply for examination and approval of their accounts on a regular basis for:

  • their own peace of mind
  • to make sure the adult’s financial accounts are in order

Other's concerns

If someone has concerns about how you’re managing the adult’s financial affairs, they can:

  • make a complaint, or
  • apply to the court for an order directing you to provide your trusteeship accounts to the court for examination

How long does it take

Once an examination and approval of trusteeship accounts is received by our office, it can take up to 3 to 6 months before the:

  • paperwork is finalized
  • court makes a decision to grant the order or to request additional information

Is there a cost

There's a court filing fee of $50.

Have an examination and approval of trusteeship accounts without a hearing

Follow this process if you don’t think there will be questions or concerns about:

  • the financial statements
  • your actions as trustee

With this process:

  • you don't have to appear in court
  • the judge makes a decision based on the information you submit in your application

You may need a lawyer and an accountant to prepare the trusteeship application if the adult:

  • owns land
  • has multiple bank accounts
  • has investments
  • has an interest in a deceased-person’s estate

Step 1. Fill out the application forms

Fill out these forms:

Step 2. Submit your application forms

When you submit your application forms:

  • include a cheque, bank draft, or money order for the $50 court filing fee made out to the Government of Alberta
  • your cheque won't be cashed until your application has been reviewed for completion by our office and your application is sent to court
  • don't include cash
  • credit card and bank card payments aren’t accepted

Submit your forms to your local Office of the Public Guardian and Trustee (OPGT) office.

After you apply

The OPGT:

  • will review the application to make sure it's complete
  • won't review the financial or accounting statements or evaluate the contents of the application
  • will send a notice to everyone who must be given notice about the application in accordance with the Adult Guardianship and Trusteeship Act and Regulation

If someone has concerns about your application, they can request a court hearing.

Have an examination and approval of trusteeship accounts with a hearing

Follow this process if you think there:

  • may be questions about the contents of your application package because there are:
    • records missing
    • unusual circumstances or financial activity
    • other irregularities
  • is someone who's likely to come forward with concerns

With a hearing:

  • you or your lawyer must appear in court
  • the application is discussed before a judge
  • the judge makes a decision by considering the:
    • comments of the people at the hearing
    • information in the application package

You may need a lawyer and an accountant to prepare the application if the adult:

  • owns land
  • has multiple bank accounts
  • has investments
  • has an interest in a deceased-person’s estate

Step 1. Fill out the application forms

Fill out all these forms:

Step 2. Submit your application forms

When you submit your application forms:

  • include a cheque, bank draft, or money order for the $50 court filing fee made out to the Government of Alberta
  • your cheque won't be cashed until your application has been reviewed for completion by our office and your application is sent to court
  • don't include cash
  • credit card and bank card payments aren’t accepted

You or your lawyer:

  • submit your application to a clerk of the Court of Queen's Bench
  • set a hearing date
  • notify all interested parties

After you apply

You must give notice about the hearing to all interested parties at least 20 days before the hearing date.

If anyone objects to the application, including the adult, they can go to the hearing to voice their concerns.

Decision-maker notices

If you’re a family member or friend of an adult who needs support, you’ll be notified by mail when someone files an application to become or continue being a trustee.

After you get a notice, you’ll have the option to:

  • support the application by ignoring the notice
  • oppose the application by responding to the notice

Concerns about a trustee

If someone has concerns about how a trustee is managing an adult’s financial affairs, they can take one of these 2 actions:

  • make a complaint, or
  • apply for a court hearing

File a complaint

A concerned person can file a complaint with the OPGT.

A court application may be made by the OPGT to have the trustee removed if the complaint:

  • is investigated
  • reveals serious issues

The trustee would receive advance notice if this type of application is made.

Apply for a court hearing

A concerned person can apply to the court for an order directing the trustee to provide the trustee accounts to the court for examination.

To do this, the person must fill out this form:

After the accounts are examined

If the accounts are approved

A copy of the court order will be sent to:

  • the trustee
  • the adult
  • all other interested parties

The order will say whether or not you’re expected to apply for another examination and approval of accounts in the future.

If the accounts aren't approved

Either the court or the OPGT will let you know if the court:

  • has any questions about your accounts, or
  • if the court isn't prepared to approve your accounts

Contact

Find an OPGT office near you