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The Public Guardian and Trustee (“PGT”)
The Public Guardian and Trustee operates under provincial law to protect the legal rights and financial interests of minor children, to act for adults incapable of financial and personal decision-making, and to administer the estates of deceased and missing persons where there is no one else able to do so.
Powers of the PGT
The PGT can act as:
1. an executor under a will or administer an estate with no will.
2. an attorney (agent) for legal and financial matters.
3. a trustee.
The PGT may prescribe fees for services performed by their employees and agents.
The PGT as Executor or Administrator
A court can only appoint the PGT as the representative of an estate if:
1. the deceased has no one appropriate left to act as their representative; and
2. the PGT has provided written consent to being appointed in advance of being appointed.
Despite s.124 of the Business Corporations Act (British Columbia), the PGT may become and act as director of a company if:
1. the PGT is the guardian, curator of a missing person, executor under the will, or administrator of the estate of a person who is or was immediately before death the sole shareholder of the company; and
2. the PGT believes it necessary to protect the person or their estate’s interest in the company, or, to wind-up or dissolve the company.
The PGT may make a temporary loan from their operating account to the account of a person’s estate.
The PGT as Attorney
The PGT may and sometimes must act as litigation guardian for a minor child (under 19 years of age) in making or defending claims brought for or against the minor child.
The PGT may manage legal and financial decisions for adults that are incapable of managing their legal and financial affairs.
The PGT as Trustee
The PGT is a trustee of all the property they are holding on behalf of a minor child, in accordance with the Trustee Act , which generally allows the PGT to, among other things:
1. prudently invest money held in trust;
2. insure land and buildings held in trust; and
3. give money to the guardians of the minor child for maintenance and education.
The PGT, as trustee, may authorize payment of all or part of any money held in trust for the maintenance, education, or benefit of an adult who is between 19 and 27 years of age.
PGT oversight of Powers of Attorney, Trusts, Representatives, and Guardians.
The PGT may investigate and audit the affairs, dealings, and accounts of:
1. an attorney under a power of attorney if the PGT has reason to believe that attorney is incapable of managing the person’s financial affairs, business, or asset;
2. a trust if the beneficiary is a young person, and adult with a guardian, or an adult who is apparently abused or neglected per the Adult Guardianship Act; and
3. any representative under a representation agreement, or guardian under a committee, including the personal care and health care decisions made by the representative, if the PGT has reason to believe the representative or guardian has failed to comply with their duties.
The PGT may, during an investigation or audit of the above:
1. require the trustee, attorney, representative, or guardian to produce any accounts, securities, or other records;
2. require a person, institution, or other body having records related to the financial affairs, business, or assets of the minor child or adult to produce any accounts, securities, or other records;
3. require a representative or guardian or any other person, institution, or other body with such records to produce those records related to personal care and health decisions; and
4. if a person, institution, or other body does not comply, the PGT may apply to the court for an order.
The PGT may, for up to 120 days, when they have reason to believe the financial affairs, business, or assets of a minor child or adult are in need of immediate protection:
1. freeze back accounts;
2. direct income to the PGT directly;
3. stop any sale or transfer of real or personal property; and
4. take any other necessary step that is reasonable under the circumstances.
Sources and More Information:
PUBLIC GUARDIAN AND TRUSTEE ACT [RSBC 1996] CHAPTER 383
BUSINESS CORPORATIONS ACT [SBC 2002] CHAPTER 57
PATIENTS PROPERTY ACT [RSBC 1996] CHAPTER 349
ESTATES OF MISSING PERSONS ACT [RSBC 1996] CHAPTER 123
TRUSTEE ACT [RSBC 1996] CHAPTER 464
ADULT GUARDIANSHIP ACT [RSBC 1996] CHAPTER 6
PATIENTS PROPERTY ACT [RSBC 1996] CHAPTER 349
