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

Public trusteeship referral

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

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Office of the Public Guardian and Trustee (OPGT)

What is a public trusteeship referral

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

The Public Trustee only applies for trusteeship when all of the following are true:

  • An adult has lost capacity to make financial 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 trustee

Role and scope of a trustee

What a trustee can do:

  • A trustee manages the adult’s finances including:
    • paying bills and daily expenses
    • paying accommodation and care charges, as needed
    • paying education and medical-related expenses
    • managing investments, real estate and personal property, applying for financial benefits such as Assured Income for the Severely Handicapped (AISH), Old Age Security and other benefits, filing income tax returns
    • managing legal matters that may affect the adult’s finances 

What a trustee cannot do:

  • A trustee cannot make personal decisions, such as:
    • health care
    • where the adult lives

Only the Court can decide:

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

Who may need a Public Trustee

A referral may be appropriate for individuals who:

  • are 18 years of age or older
  • have had a capacity assessment (completed within the past six months) stating they lack capacity to make financial decisions
  • cannot be adequately protected using less intrusive and less restrictive options 
  • do not have an enduring power of attorney 
  • do not have the capacity to make a power of attorney
  • have assets or financial interests in need of protection
  • have no family, friends, or other person willing and able to act as trustee

A referral may be appropriate for minors who:

  • will turn 18 years old within 15 months 
  • will need someone to make their financial 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 trusteeship versus private trusteeship

Private trusteeship is when a family member or friend applies directly to the Court to become trustee.

Public trusteeship is when:

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

The Public Trustee is always a last resort option.

Is public trusteeship 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:

  • Informal trusteeship - Some adults who receive government payments have trouble managing their money or remembering to pay bills. Informal trusteeship lets a trusted person manage the adult’s benefits at no cost. 
  • Enduring power of attorney - A capable adult may issue an enduring power of attorney that gives another person authority to make financial decisions in the future or immediately.
  • Specific financial decision-making – In limited situations, the Public Trustee may make specific financial decisions to support where the adult will live, either temporarily or permanently.  Only the Public Trustee has this authority.
  • Private trusteeship – If a family member, friend, or other individual is willing and able, encourage them to apply to the Court to be trustee.  

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

How to refer someone to the Public Trustee

  • Step 1: Prepare the information

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

    A strong referral should include:

    • capacity assessment report (completed within the last 6 months)
    • clear reasons why other decision-making options are not suitable
    • a detailed description of the adult’s current situation and why financial decision-making support is needed
    • information about family or others who may be involved (if any)
    • detailed financial information, such as:
      • banking accounts and balances
      • investments or registered accounts (RRSP, TFSA, etc.)
      • real estate or property
      • debts and regular expenses
      • sources of income (for example pensions or benefits)
      • known financial risks (for example unpaid bills, exploitation, pending legal matters or risk of loss)

    If a referral to the Public Guardian is also required, review the Public Guardianship Referral page before starting 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 for public trusteeship

    The Public Trustee will:

    • review the referral
    • contact you if more information is needed
    • speak with the adult and others involved, if appropriate
    • decide if the Public Trustee will apply to the Court for trusteeship 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 trustee if the referral meets the criteria to apply for public trusteeship. The Court makes the final decision.

    If the Court appoints the Public Trustee:

    • The Public Trustee becomes legally responsible for the financial decisions listed in the court order
    • The Public Trustee must act in the adult’s best interests
    • The Public Trustee 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 nine months.

If the Public Trustee 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 Trustee or the Court
  • court scheduling
  • if someone opposes the application

Contact

 

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