What the Office of the Public Guardian and Trustee Does in Alberta

If a letter, form or court notice mentions the Office of the Public Guardian and Trustee, often shortened to OPGT, it can be hard to tell what role it plays. The office does several different jobs, and some of them only apply in particular situations.

This article explains its role in guardianship and trusteeship, complaints and investigations, personal directives, and estates.

This article covers the law of Alberta.

A backstop for adults who need decision-makers

The OPGT acts as guardian if no one else is available and as trustee if no one else is available. The Public Guardian may be appointed guardian only in limited circumstances, and the Court may appoint the Public Trustee as trustee only in circumstances listed in the Act.

Where the Public Trustee receives a written allegation that an adult needs a trustee, it must inquire. If it takes possession of property because no trustee can act and no application is started within 60 days, it must apply to be appointed or seek a review.

Before appointing a guardian, the Court must be satisfied that less intrusive alternatives were considered or tried and would not likely be or have not been effective. The Alberta government lists alternatives such as supported decision-making, a personal directive, specific decision-making and co-decision-making, and for finances informal trusteeship or an enduring power of attorney.

Its part in a guardianship application

Any interested person may apply for a guardianship order, including the Public Guardian, the Public Trustee, and anyone 18 or older concerned for the adult's welfare. Notice of the application must be personally served on the adult, although the Court may dispense with service if notifying the adult would be harmful to the adult.

If you file a desk application for guardianship, your application documents go to the local OPGT office, which sends a Notice of Application to interested parties. For a hearing, a copy of the filed application must be served on the OPGT at least 30 days before the hearing date.

OPGT staff speak with the adult, contact proposed decision-makers about background checks, and prepare a court report. A guardian must also give copies of the court order to the OPGT.

The OPGT cannot assess capacity or provide legal advice. Applicants in financial hardship can contact the OPGT about capacity assessment costs.

For an urgent order where there is immediate risk, the Court may appoint a temporary guardian for up to 90 days, and a regular application is needed if guardianship is still required afterwards. A review of a guardianship or trusteeship order can be sought at any time, and it must happen when the order requires it or when the adult's capacity changes. On a trusteeship review, the Court shall terminate the order if satisfied the person no longer needs a trustee.

Complaints and investigations

The OPGT investigates written complaints about court-appointed guardians, trustees and personal directive agents that meet its criteria. Under the Adult Guardianship and Trusteeship Act, complaints go to a complaints officer, and investigators may interview the adult.

The Public Guardian may apply for a temporary protection order where a represented adult is at risk of serious harm. A person who wilfully causes loss to a represented adult's property faces a fine of up to $10 000.

For an enduring power of attorney, if others disagree with the attorney, any interested person may apply to the Court to terminate the power if that would be in the donor's best interests, and the Court may order an attorney to pass accounts.

Personal directives and the registry

The OPGT keeps the Personal Directives Registry. Registration is optional and free, the directive is valid without it, and the registry holds only contact information, not a copy of the directive. You should not submit the directive itself to the court or the OPGT.

Without a personal directive, the adult does not choose who decides. A healthcare provider may choose the nearest relative to decide on health care and temporary residential placement, and otherwise a family member or friend may have to apply to court to become guardian.

Estates, burials and what to do next

The OPGT administers certain estates when no one else can, where a beneficiary is a minor or a represented adult. It also helps with burial of unclaimed deceased persons. Whether the OPGT is involved in a particular estate depends on the facts, so ask a lawyer if you are unsure.

• Read any OPGT letter closely and note deadlines
• Keep a copy of every court order and form you filed
• Put a complaint about a guardian, trustee or agent in writing
• Use the Court, not the OPGT, for concerns about an enduring power of attorney
• Check the current OPGT contact details and fees on the Alberta government site

Frequently asked questions