Notifications

Government mail service may be affected by the Canada Post labour disruption. Learn about how critical government mail will be handled.

Specific financial decisions

The Public Trustee may make financial decisions on behalf of an adult who lacks capacity in order to support where the adult will live.

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

  • Disagree with the completed capacity assessment

    If the adult, or a person who has a close relationship with the adult, believes the adult is capable of making their own financial decisions, they may:

  • Disagree with the financial decision(s) made

    If the adult, or a person who has a close relationship with the adult, disagrees with the financial decisions that have been made, they may apply to the court to have the decision reviewed.

Legal advice

Consult a lawyer for legal advice if you want the court to review a decision.

Contact

Find an OPGT office near you