Overview
The Public Trustee may make specific financial decisions on behalf of an adult when the adult is incapable of making financial decisions related to their living arrangements.
These decisions:
- must support where the adult will live, either temporarily or permanently
- are only used when no trustee has been appointed by the court
- are only used when no attorney under an enduring power of attorney has authority to make the financial decision
- can only be made by the Public Trustee
How it works
Step 1: Decide if a referral is needed
A referral can be made to the Public Trustee if:
- the adult appears incapable of making financial decisions
- the financial decisions are needed to support a decision about where the adult lives, either temporarily or permanently
- the adult does not have a trustee appointed by the court
- the adult does not have an attorney under an enduring power of attorney authorized to make the financial decisions
- no other person has legal authority to make the decisions
Step 2: Assess the adult’s capacity
A health-care provider, such as a doctor or nurse practitioner, completes a capacity assessment. This assessment determines if the adult is incapable of making financial decisions related to where they will live.
Step 3: Complete the form
Fillable PDF forms may not open properly on some mobile devices and web browsers. See the step-by-step guide or contact PDF form technical support.
Download the form: Referral for the Public Trustee to Make a Specific Financial Decision
Step 4: Submit the forms
Submit the capacity assessment and referral form by email or fax:
Email: [email protected] (preferred)
Calgary OPGT fax: 403-297-2823
Edmonton OPGT fax: 780-422-9136
After you submit a referral
The Public Trustee:
- will review the forms to confirm if the requirements have been met
- may contact the referral source if additional information is required
- may make the specific financial decisions if the referral is complete and all criteria are met
A letter about the decision will be sent to the referral source and other relevant parties.
Disagreeing with the decision
Legal advice
Consult a lawyer for legal advice if you want the court to review a decision.