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Part of Office of the Public Guardian and Trustee (OPGT)

Public guardianship referral

Refer an adult who lacks capacity to make personal decisions for public guardianship when no other person is willing or able.

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Office of the Public Guardian and Trustee (OPGT)

What is a public guardianship referral

A public guardianship referral is made to the Office of the Public Guardian and Trustee (OPGT). The referral asks the Public Guardian to act as personal decision-maker for an adult who has lost capacity when no other person is willing or able to help. 

The Public Guardian only applies for guardianship when all of the following are true:

  • An adult has lost capacity to make personal decisions on their own
  • All other decision-making options have been tried or ruled out
  • No other person is willing or able to act as guardian.

Role and scope of a guardian

Guardians can make personal, non-financial decisions about:

  • health care 
  • where and with whom to live
  • with whom to associate
  • participation in educational, vocational and other training
  • participation in social activities
  • employment
  • legal proceedings, not related to finances

Guardians cannot make decisions about:

  • finances

Depending on the adult’s needs, a guardian might only be needed for some decisions.

Only the Court can decide:

  • if guardianship is needed
  • who the guardian will be
  • what types of decisions the guardian can make
  • if a guardianship review will be needed

Who may need a Public Guardian

A referral may be appropriate for individuals who:

  • are 18 years of age or older
  • lack capacity to make personal decisions
  • less intrusive and less restrictive decision-making options are not likely to be effective 
  • do not have a personal directive 
  • do not have the capacity to make a personal directive
  • have no family, friends, or other person willing or able to act as guardian.

A referral may be appropriate for minors who:

  • will be 18 years old within 15 months, and 
  • will need someone to make their personal decisions after they become an adult

For a court order to go into effect when the minor turns 18, submit a referral 15 months before the minor's birthday.

Public guardianship versus private guardianship 

Private guardianship is when a family member or friend applies to the court to become guardian.

Public guardianship is when:

  • You are asking the Public Guardian to make personal decisions for the adult.
  • No one else can make personal decisions if the Public Guardian is appointed.
  • The Public Guardian applies to the Court if the referral criteria are met.

The Public Guardian is always a last resort option.

Is public guardianship needed

The law requires the least intrusive and least restrictive option to be used.

Before making a referral, consider and document why these options are not appropriate:

  • Personal directive - Check if the person already has a valid Personal Directive that names someone to make decisions for them. If so, that person should be encouraged to act.
  • Supported decision-making – An adult with capacity can choose a trusted person to assist them with accessing information and communicating their decisions by signing an agreement between the adult and the supporter.
  • Co-decision-making - Co-decision-maker authority allows you to assist an adult who needs help making personal decisions on their own. The co-decision-maker and adult work through decisions together and the adult makes the final decision. A co-decision-maker is appointed by the Court.
  • Specific decision-making - In situations where an adult is incapable of making one-time health care treatment or residential facility placement decisions, an individual from the ranked list can act as a specific decision-maker without full guardianship. 
  • Private guardianship - If a family member, friend, or other individual is willing and able, encourage them to apply to the Court to be guardian.

Public guardianship should only be considered when none of these options are available or effective.

How to refer someone to the Public Guardian

  • Step 1: Prepare the information

    Gather the required information and supporting documents before completing the referral form.

    A strong referral should include:

    • information about the adult’s current situation, such as: 
      • living situation
      • relevant medical information
      • family involvement (if any)
      • involvement with natural and community supports
    • the areas of decision-making that you believe the adult requires support, and the reason(s) you believe the adult has lost capacity in those areas
    • details explaining why alternate decision-making options are not suitable
    • details explaining the other decision-making options that have been tried or ruled out

    A Capacity Assessment Report (CAR) is not required as part of the referral package unless you are also submitting a joint referral for public trusteeship.

    If a referral to the Public Trustee is also required, review the Public Trusteeship Referral page before beginning the referral form. 

  • Step 2: Complete and submit the OPGT referral form

    Go to the OPGT referral form to submit the required information and supporting documents.

  • Step 3: The OPGT assesses the need to apply for public guardianship

    The Public Guardian will:

    • review the referral
    • contact you if more information is needed
    • speak with the adult and others involved, if appropriate
    • decide if the Public Guardian will apply to the Court for guardianship of the adult

    You will be told the decision and the reason for that decision. 

  • Step 4: Court application (if appropriate)

    The OPGT will apply to the Court of King’s Bench to be appointed as guardian if the referral meets the criteria to apply for public guardianship. The Court makes the final decision.

    If the Court appoints the Public Guardian:

    • The Public Guardian becomes legally responsible for the personal decisions listed in the court order
    • The Public Guardian must act in the adult’s best interests
    • The Public Guardian must involve the adult as much as possible

    The order remains in place until it is changed by the Court or the adult passes away.

Referral and application timelines 

Assessing a referral can take up to three months.

If the Public Guardian proceeds with a court application, the court process typically takes an additional six months from the time the application is filed with the Court.

Timelines can vary depending on:

  • if additional information is required by the Public Guardian or the Court
  • court scheduling
  • if someone opposes the application

Contact

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